Report to City Centre South and East Planning and Highways Committee

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 01/06/2010 AND EAST PLANNING AND HIGHWAYS COMMITTEE

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

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

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

10/01182/CHU Sheffield Information Link Ground Floor 7 11 Leopold Street Sheffield S1 2GY

10/01181/RG3 Brook Shaw Park Gibraltar Street 14 Sheffield S3 8UB

10/01094/RG3 Land Between South Street And Train Station South Street 20 Norfolk Park (Sheaf Valley Park Phase 1A) Sheffield

10/01074/FUL Curtilage Of 6 Wilkinson Street Sheffield 33 South Yorkshire S10 2GA

10/01067/LBC Zeenat Restaurant 758 - 764 Attercliffe Road 45 Sheffield S9 3RQ

10/01064/CHU Zeenat Restaurant 758 - 764 Attercliffe Road 49 Sheffield S9 3RQ

10/01018/FUL 261-263 Fulwood Road Sheffield 55 S10 3BD

10/01007/CHU 104 South View Crescent Sheffield 63 S7 1DH

10/01006/CHU 747 Abbeydale Road Sheffield 72 S7 2BG

3 10/00993/CHU Ground To Second Floor Offices 447 Glossop Road 81 Sheffield S10 2PR

10/00950/RG3 Car Park To Community Hall Gresley Road 90 Sheffield S8 7HH

10/00825/FUL A Brocklebank Doctor Lane 105 Sheffield S9 5AP

10/00790/FULR Curtilage Of The Cottage Beverleys Road 117 Sheffield S8 9BR

10/00774/FUL Parkway Retail Park Cricket Inn Road 125 Sheffield S2 5AU

10/00475/FUL Rear Of 27A Dore Road Sheffield 144 S17 3NA

10/00229/CHU 37 - 41 The Moor Sheffield 155 S1 4PF

10/00210/LBC 23 - 27 Trippet Lane Sheffield 160 S1 4EL

10/00208/ADV 23 - 27 Trippet Lane Sheffield 163 S1 4EL

10/00194/OUT Land Adjacent To Well Meadow Street, Well Meadow Drive, Brownell Street, Daisy Walk, 167 Radford Road, Upper Allen Street And Netherthorpe Road. Sheffield S3 7EY

4 10/00011/FUL Curtilage Of 130 Warminster Road, And Rear Of Pumping Station Warminster Road 204 Sheffield S8 9BN

09/03744/FUL Land Within Curtilages Of 187-193 Whitham 222 Road

09/03175/FUL Site Of 7 Rockingham Street And Broad Lane Sheffield 234 S1 4EA

5 6 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE AND EAST Planning And Highways Area Board Date Of Meeting: 01/06/2010

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

*NOTE* Under the heading “Representations” a Brief Summary of Representations received up to a week before the Area Board date is given (later representations will be reported verbally). The main points only are given for ease of reference. The full letters are on the application file, which is available to members and the public and will be at the meeting.

Case Number 10/01182/CHU

Application Type Planning Application for Change of Use

Proposal Change of use from office (Use Class B1) to food and drink outlet (Use Class A3)

Location Sheffield Information Link Ground Floor 11 Leopold Street Sheffield S1 2GY

Date Received 13/04/2010

Team CITY CENTRE AND EAST

Applicant/Agent CB Richard Ellis Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 Food shall only be cooked on the premises by the use of the following cooking appliances; griddles, microwaves, sandwich toasters and Bain Maries. No other type of equipment shall be used for the cooking of food without the prior approval of the Local Planning Authority.

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

3 The building shall be used for the above-mentioned purpose only between 0730 hours and 0030 hours on any day.

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

4 Amplified sound or live music shall only be played within the building in such a way that noise breakout to the street does not exceed:

i) background noise levels by more than 3dB(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, when measured at the façade of the building.

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

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

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

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 form the Yorkshire and Humber Plan, the Sheffield Development Framework and the Unitary Development Plan set out below:

IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas CS3 - Locations for Office Development CS4 - Offices in the City Centre CS17 - City Centre Quarters

The proposed change of use is not contrary to planning policy and will provide an active ground floor use on a prominent street frontage. There is no reason why the proposal should impact significantly on amenity given the conditions limiting opening hours and the type of cooking equipment.

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

Attention is drawn to the following directives:

1. The applicant is advised that the refuse should be stored in the basement and bins should not be stored on the street other than on refuse collection days.

2. The applicant is advised that the manifestation to the glazing will need replacing when a new tenant occupies the property.

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.

9 Site Location

10 LOCATION AND PROPOSAL

The application site consists of a shop unit that occupies part of the ground floor of a 6 storey building. The upper floors are used for offices and the rest of the ground floor is occupied by a bar and a lobby to the offices. To the north there are offices and an opticians, the Leopold Hotel is located on the opposite side of Leopold Street. The premises are currently used for offices providing information to the public.

The application is seeking permission to use the premises as a café/restaurant.

RELEVANT PLANNING HISTORY

Planning permission was granted in April 2007 for alterations to the shop front to provide improved disabled access to the building, planning permission 07/01034/FUL.

SUMMARY OF REPRESENTATIONS

One representation has been received which is in support of the proposal. The comments are that the proposal would serve the many office workers nearby.

PLANNING ASSESSMENT

Policy

The application site lies within a Business Area as defined on the Unitary Development Plan Proposals Map. Business uses (class B1) are preferred but food and drink outlets are acceptable, policy IB7. Policy IB9 states that changes of use in Business Areas should not lead to a concentration of uses which would prejudice the dominance of business in the area. In this case the existing use, which is an information centre, is probably partly a Business use (B1) and partly a Professional Service office (class A2). The floorspace to which the application relates is only 140 sqm. Given the limited floorspace affected, it is concluded that if the change of use were permitted, business uses will still remain dominant in the area. Therefore there is no reason to resist this proposal on the basis of this policy.

The application site lies in the City Centre Conservation Area. However, as there are no external changes proposed it will not impact on the character of the conservation area.

Core Strategy Policy CS3 identifies the City Centre as a location for Office Development. However the site does not fall within one of the priority office locations, identified in Policy CS4. It lies within the Heart of City quarter, which is intended to provide shopping and visitor facilities, CS17. It is concluded that there are no Core Strategy Policies that would preclude this proposal.

11 Amenity Issues

Policy IB9 states that changes of use will be permitted provided that they do not cause residents or visitors in any hotel to suffer from unacceptable living conditions.

There are no residential uses near the site. The Leopold Hotel is directly opposite the site and there are a number of food and drink uses within the same complex which are closer to the hotel than the application proposal. Some of the food and drink uses within the Leopold Square development are allowed to open until 02.30 Wednesday to Saturday and 0030 on Sundays, Mondays and Tuesdays. Others are only allowed to open until 00.30 on any day. There do not appear to be any controls over the operating hours of All bar One, which is located in the same building.

It is the applicant’s intention that the proposed use will cater for the office trade and that the premises will not need to open much beyond 17.00. Given the above, it is considered that the opening hours should be limited 07.30am to 00.30 any day. This will ensure some consistency with the permissions in Leopold Square. Limiting the operating hours in this way will control the impact on visitors to the hotel to within reasonable bounds.

Restaurants and cafes have the potential to cause dis-amenity due to odours. In this case there is no obvious location for an external flue given the building is 6 storeys high, and the only external wall on which it could be located is the front elevation. A flue on the front elevation, extending up 6 storeys would be visually unsatisfactory. It has been agreed that the best way to resolve this is to limit the type of cooking equipment that can be used, so that it is not necessary to provide an external flue. A condition has been agreed that limits the cooking equipment to microwaves, griddles, sandwich makers etc.

There is no external space to store bins at this site. However the applicant has advised that the basement can be used for storing bins which can be brought out on collection day.

Access Issues

The site is highly accessible by public transport and customers are likely to be already working or visiting the city centre. Therefore they are likely to walk to the site. There is no policy requirement for parking in this location, and it is not feasible to provide parking in this instance.

The shop front was altered in 2007 in order to provide full access for disabled people. It has a level entrance and the door opening is wide enough to allow access by a wheelchair user.

12 SUMMARY AND RECOMMENDATION

Case Number 10/01181/RG3

Application Type Application Submitted by the Council

Proposal Use of land as a short stay public car park for a temporary period of 3 years (Application under Reg 3 - 1992)

Location Brook Shaw Park Gibraltar Street Sheffield S3 8UB

Date Received 13/04/2010

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

1 The use shall cease on or before the 1st July 2013.

The permanent use of the land as a car park would prejudice the satisfactory development of the land.

2 The car park hereby permitted shall be operated as a short stay car park only and the maximum stay shall be 6 hours.

In order to ensure that the operation of the car park is in accordance with the requirements of Policy T24 of the Unitary Development Plan and Core Strategy Policy CS57.

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

HCR/MW/10/04/12

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

14 Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas T24 - Public Short-stay Car Parking CS57 - Park-and-Ride and Car Parking in the City Centre

The proposal is considered to be supported by planning policy and therefore is acceptable in principle. The access and parking arrangements are considered to be satisfactory and the scheme does not detract significantly from the character of the area.

15 Site Location

LOCATION AND PROPOSAL

The application site is located between Russell Street and Gibraltar Street. To the north and on the opposite side of Russell Street there is the Kelham Island Tavern and the former Richardson’s site which has been cleared and is being used as a car park. To the south there are some retail units and associated parking. To the west there is an industrial unit.

The application site is approximately 0.28 hectares and currently being used as a long stay car park that is operated by the Council. There are two vehicular accesses off Russell Street The car park is surfaced and provides approximately 90 spaces of which 4 are disabled spaces. It is bounded partly by a red brick wall and partly by a paladin fence; there are a number of trees within the site on the Russell Street frontage. The car park is lit.

Temporary permission was granted in 2005/6 for both short and long-stay pay and display car parks. The application is seeking permission for a short stay car park only for a further 3 years.

RELEVANT PLANNING HISTORY

Planning permission was granted for use of land as a public pay and display short- stay car park in August 2005, planning permission 05/02376/RG3.

Planning permission was granted for use of land as a long stay public pay and display car park in April 2006, planning permission 05/03314/RG3.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy Issues

The application site falls within a General Industrial Area as identified on the Unitary Development Plan Proposals Map. Within such areas policy IB5 identifies general industry and warehousing as the preferred uses. Car parks are referred to as acceptable uses.

Policy T24 of the Unitary Development Plan encourages the provision of short stay parking in the City Centre. The Unitary Development Plan definition of public short stay parking is public parking open after 0930 for shopping, leisure and similar purposes.

Core Strategy Policy CS 57 states that short-stay parking provision within the City Centre will be increased to 9,500 spaces and long-stay parking will be reduced to enable this to be achieved.

17 The site lies with the new business area identified in the St Vincent’s Action Plan. Business is the preferred use and car parking for public use is acceptable.

Therefore the proposal is supported by planning policy.

Access Issues

There are two existing vehicular accesses from the site to Russell Street which are designed to meet modern highway standards. They are located away from adjacent junctions and have operated safely for the last few years. The highway and adjacent junctions can satisfactorily accommodate the traffic associated with this proposal.

The car park is laid out with standard and disabled parking bays that are surfaced in tarmac and clearly marked out. The layout is considered to be satisfactory and operates safely. There is no separate pedestrian provision to the car park, but this does not appear to have caused any problems.

The 4 disabled bays are considered to be adequate for a car park of this size. The applicants have carried out a number of surveys and found a low level of usage of the car park as a whole and of the disabled bays. If the need arises for further disabled provision some of the standard bays could be easily converted to create additional disabled spaces.

Design/layout Issues

The application site is located outside but adjoining the Kelham Island Conservation Area. The site forms part of a street block of retail and industrial buildings of fairly low quality. The existing car park is of reasonable quality, as is the boundary treatment. Given the quality of the car park and its surroundings it is considered that it does not detract significantly from the visual amenity of the locality or the setting of the conservation area.

At the Russell Street/Gibralter Street corner a new brick boundary wall has been erected as part of the Inner Relief Road works. The fencing to most of the Russell Street frontage is quite open in character and consequently there is reasonable visibility into and out of the site. Although there are few buildings that overlook the site, users are likely feel reasonably secure during daylight hours, when the car parking is most likely to be in demand.

Flooding

The application site lies in flood zone 2 where there is a medium probability of flooding. Advice on the Environment Agency web site indicates that they do not wish to comment on change of use applications of this nature. A notice board next to the pay and display machine will inform users of the flood risks.

18 Future Development

The site’s location close to the Inner Relief Road is such that it is considered suitable for future redevelopment. In order to ensure that a permanent car park does not prejudice the more beneficial long term redevelopment of the site it is considered that consent should be limited to 3 years, to enable redevelopment proposals to emerge.

SUMMARY AND RECOMMENDATION

The proposal is seeking to change the use of an existing car park from long stay to a short stay pay and display car park. This is supported by planning policy and therefore is acceptable in principle. The access and parking arrangements are considered to be satisfactory and the scheme does not detract significantly from the character of the area. It is therefore recommended that planning permission be granted for a temporary period of 3 years.

Case Number 10/01094/RG3

Application Type Application Submitted by the Council

Proposal Earthworks, footpath/cycleway construction, soft landscaping and installation of lighting

Location Land Between South Street And Train Station South Street Norfolk Park (Sheaf Valley Park Phase 1A) Sheffield

Date Received 06/04/2010

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

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

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

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

Plans RPDT/651/172A RPDT_651_201 RPDT/651/158A RPDT/651/140B RPDT/651/152a RPDT/651/150B RPDT/651/155A RPDT/651/151 RPDT/651/200 RPDT/651/100B LD/NH02587/785B received 6th April 2010.

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

20 3 Before the development is commenced samples of all proposed external materials and finishes (or manufacturers details where appropriate) shall be submitted to and approved in writing by the Local Planning Authority to include details of:

i. Pathway surfaces ii. Railings iii. Litter bins iv. Gates to Shrewsbury Road v. Bollards to Shrewsbury Road

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

In order to ensure an appropriate quality of development.

4 Prior to the commencement of the use of the path/cycleway hereby approved, further details of lighting to include details of lighting columns, levels of illumination and light spill shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall then be implemented in accordance with the approved details and thereafter retained.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

LR4 - Open Space LR5 - Development in Open Space Areas BE6 - Landscape Design BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings CS45 - Quality and Accessibility of Open Space CS47 - Safeguarding Open Space Planning Policy Statement 9: Biodiversity and Geological Conservation

The proposed development is considered to retain and enhance the character of this park as a public open space and its role as a green corridor and will not have any undue impacts on the amenity of nearby residential occupiers.

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

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

Attention is drawn to the following directives:

1. 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.

22 Site Location

INTRODUCTION

Members may recall a planning application approved at the Planning Board on 2nd March 2009 (08/06012/RG3) comprising works to 1.94 hectares of Sheaf Valley Park to principally create an events space in the form of a natural amphitheatre carved from the topography of the site as well as the construction of new footpaths and lighting to address issues of accessibility through the Park. These works form Phase 1 of the Sheaf Valley Masterplan and include achieving a disabled access route from the existing Supertram stop to the rear of the Midland Mainline station to Shrewsbury Road. This route crosses private land adjoining the old Sweet Factory premises at 19 Shrewsbury Road, which has an existing public right of way. However, following approval of the planning application it subsequently emerged that this right of way is legally restricted to pedestrian and wheelchair users only and it cannot be used to provide access for cyclists and occasional vehicles serving the proposed events arena as well as occasional maintenance vehicles. Consequently, the applicant now seeks the construction of an additional park path to Shrewsbury Road giving access to cycles and occasional service vehicles, which forms the basis of this application and comprises Phase 1A of the Sheaf Valley Masterplan. This new ‘path’ links into the disabled access path approved as part of the previous Phase 1 application but then runs parallel and to the west of the pedestrian route adjacent to 19 Shrewsbury Road to provide a separate access onto Shrewsbury Road for cycles and service vehicles.

24 LOCATION AND PROPOSAL

This application relates to Phase 1A of the Sheaf Valley Masterplan and comprises a plot of land that adjoins Phase 1. The application site extends to a length of approximately 120 metres and is bounded to the east by the existing pedestrian route adjoining 19 Shrewsbury Road. To the south, it adjoins part of Shrewsbury Road and the park, to the west by part of the park that adjoins the Supertram line and to the north by the existing park within Phase 1. The application site extends to a maximum depth of 33 metres. It currently comprises steeply sloping grassland with some planting, which is designated as public open space.

The Sheaf Valley Masterplan in its entirety extends northwards to include the remainder of South Park below Park Hill to the east of South Street, towards Park Square roundabout, southwards to incorporate the triangle of land beyond the southern boundary of Phase 1 between the railway and Shrewsbury Road and then towards the south-east to the area of Clay Wood between Granville Road and Norfolk Road. The intention is to create the Sheaf Valley Park, which will form a green corridor comprising a series of ‘safe, accessible and vibrant spaces each with its own character and attraction stretching from Norfolk Park to Victorian Quays’. This corridor will encompass the open space at South Street, the Cholera Monument and ground, Clay Wood and Norfolk Park and is intended to improve linkages between the Park Hill area and adjoining neighbourhoods and the City Centre.

The previous application submitted in accordance with Phase 1 of the Sheaf Valley Masterplan (08/06012-RG3) addressed the key issues of creating a new event space (amphitheatre) within the Park and resolving accessibility constraints. The approved scheme includes a new direct pedestrian route on the existing desire line from the junction of South Street/Shrewsbury Road to the tram stop to the rear of the Midland Mainline station and a second ramped route at a gradient of 1:20 maximum from the tram to the amphitheatre. This accessible route then returns northwards across the gradient to connect with a central horizontal path to Shrewsbury Road, the latter being no longer feasible for cyclists and vehicles. Consequently, this application proposes the construction of a new route for cyclists and the occasional service vehicle utilising the accessible route approved as part of Phase 1 but then extending southwards to connect onto Shrewsbury Road. This new access route crosses the existing old adopted footpath that descends straight down the contours of the park at a gradient of 1:3.8. Accordingly, this application proposes the following:

(i) A new access route for vehicles and cyclists that connects into the accessible path approved as part of 08/06012-RG3 but then connects to Shrewsbury Road. The new path extends for a distance of approximately 74 metres and is positioned between 4 metres and 13 metres south of the existing accessible pedestrian route that adjoins 19 Shrewsbury Road. The new access route will be surfaced with a textured resin bound gravel surface to provide good slip resistance and constructed to Highway Authority standards to allow for occasional vehicles serving the events arena. The new path will split before it reaches Shrewsbury Road to segregate the vehicular access/egress point from the cycle access/egress point.

25 The entrance will be gated with a gate placed immediately behind the footway of Shrewsbury Road to eliminate ‘fly parking’ problems in the vicinity

(ii) A new cycle access to/from Shrewsbury Road comprising a new drop crossing to allow for the access/egress of cycles. This access will be protected from unauthorised vehicular use by the introduction of bollards, which will continue into the adjoining grass areas to prevent vehicles circumventing the bollards in the cycleway;

(iii) An improvement to the safety of the steep section of footpath that crosses the application site by replacing the steep ramped path with steps and handrails. The steps will be constructed in concrete with Corten steel rises and resin bound gravel treads and non-slip contrasting nosing to the steps to aid the visually impaired.

(iv) Lighting of the new access route to full Highway Authority adoptable standards.

(v) The application confirms that five trees will be lost as a result of this proposal and six trees will be provided as a replacement.

RELEVANT PLANNING HISTORY

The most relevant planning history is the application referred to above:

08/06012/RG3: Earthworks, footpath construction, soft landscaping and installation of lighting to create event space for community use. Approved: 2nd March 2009

SUMMARY OF REPRESENTATIONS

The application has been advertised by means of site notice, press notice and neighbour notification as a development affecting the setting of the Norfolk Road Conservation Area and two Listed Buildings as well as neighbour notification. Only one representation has been received from South Yorkshire Passenger Transport Executive who have commented that under no circumstances can they consider any drainage scheme that does not remove surface water away from the tram track and thus, a soakaway drainage would not be acceptable. SYPTE advise that plans must ensure that drainage diverts away the possibility of water, siting or flooding on or near the Supertram or rail system in the area.

PLANNING ASSESSMENT

This application proposes a new access route for vehicles and cyclists that connects into the accessible path approved as part of 08/06012/RG3 but then connects to Shrewsbury Road. It represents Phase 1A of the Sheaf Valley Masterplan, which seeks to provide improved linkages between the Park Hill area and surrounding neighbourhoods and the City Centre. The key issues to consider in the determination of this application include the following:

26 (i) Principle of development: Policy and land use; (ii) Ecological issues; (iii) Accessibility; (iv) Impact of the proposal on the Grade II* Listed Park Hill, Grade II Listed former sweet factory and Norfolk Road Conservation Area;

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

Policy and Land Use

The application site is designated as Public Open Space within the Sheffield Adopted Unitary Development Plan. Policy LR4 of the UDP advises that open space will be protected from built development where it is needed for outdoor recreation, or where it makes a valuable contribution to the natural environment, urban heritage or quality of life. Furthermore, as opportunities arise, open space will be (a) improved, where it is of poor quality; and (b) created, where there is a shortage.

Policy LR5 of the UDP relates specifically to development in open space areas and advises that it will not be permitted where (as relevant to this site) a. It would cause damage to nature conservation sites, Scheduled Ancient Monuments or other archaeological sites; or b. It would cause damage to mature or ancient woodland or result in a significant loss of mature trees; or c. It would significantly detract from the green and open character of the Green Network; or d. It would make an open space ineffective as an environmental buffer; or e. It would harm open space which forms the setting for a Listed Building or other historic building, or is needed to maintain an important view or vista; or f. It would result in the loss of open space which is of such quality that it is of City- wide importance; or g. It would result in over-development or harm the character of an area; or h. The proposed use would be incompatible with surrounding land uses.

The application site does not comprise a nature conservation site nor are there any Scheduled Ancient Monuments or archaeological sites within the boundary of the Phase 1A proposals (as per (a) above). With regard to tree planting (b) it is the case that five trees will be removed as part of this application but the application proposes to replace these five trees with six new trees such that there is no overall loss. With regard to the Green Network (c), the whole approach of the Sheaf Valley Masterplan, of which this application forms Phase 1A, is to enhance the Green Network rather than detract from its character. The extent of open space will be improved and overall, the proposal will enhance the quality of this Park, which is considered to be of City-wide importance, by making it more accessible to the general public by a range of means including cycles (d) and (f). It will also not detract from the setting Sweet Factory as well as integrating with the landscape proposals approved as part of the redevelopment of Park Hill by Urban Splash (e). Finally, the introduction of new cycle path will, it is hoped, encourage the local community and general public to further utilise this public space and in this regard,

27 is entirely compatible with the surrounding land uses and does not represent overdevelopment.

On this basis, the application is considered to fully accord with Policies BE4 by improving an area of public open space and BE5 as set out above and is therefore acceptable in principle.

In addition to Policies LR4 and LR5 of the UDP, it is also important to assess the application against more recent policies within the Sheffield Development Framework Core Strategy, which are considered below:

Policy CS45 of the Core Strategy advises that the safeguarding and improvement of open space will take priority over the creation of new areas. This application proposes to retain the principle of open space within the application boundary but to enhance access for all users including cyclists such that it is considered to represent an improvement of the open space and on this basis, it is not considered to conflict with the objectives of Policy CS45.

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

(a) It would result in the loss of open space that is of a high quality or of heritage, landscape or ecological value; or

(b) People in the local area would be denied easy or safe access to a local park or to smaller informal open space that is valued or well used by people living or working in the local area; or

In this instance, the application does not comprise the loss of open space to built form other than the construction of a new access road such that there is not considered to be any actual loss of open space. Moreover, the application will enhance accessibility through the park for cyclists and pedestrians and provide an occasional vehicle route to serve the events space, which is considered essentially to improving the general use of the Park and attracting more visitors to it. The new route will be constructed in a textured resin bound gravel, which has been designated to be practical in terms of being non-slip, and of a suitable aesthetic to protect the character of this open space. The new steps have also been designed to incorporate high quality materials including a Corten steel riser, which will ensure that the visual appearance of the Green Network is enhanced. On this basis, the proposal will not result in the loss of open space of a landscape or ecological value, nor would it cause a break in the City’s Green Network. On this basis, the application is considered to comply with Policy CS47 of the Core Strategy.

In conclusion, the proposed development seeks to improve accessibility through an area of existing open space and does not seek to detract from that established use. It is therefore considered to comply with Policies LR4 and LR5 of the UDP

28 and Policies CS45 and CS47 of the SDF Core Strategy and is therefore acceptable in principle. Ecology

Policy BE6 of the UDP (Landscape Design) advises that good quality landscape design will be expected in new developments and refurbishment schemes. It advises that applications for planning permission for such schemes should, where appropriate, include a suitable landscape scheme that provides an interesting and attractive environment, integrates existing landscape features into the development, including mature trees, hedges and water features; and promotes nature conservation and uses native species where appropriate. National Government Guidance set out in Planning Policy Statement (PPS) 9: Biodiversity and Geological Conservation, advises that development proposals provide many opportunities for building-in beneficial biodiversity or geological features as part of good design. Thus, when considering proposals, local planning authorities should maximise such opportunities in and around developments.

This application forms part of the wider Sheaf Valley Masterplan, which seeks generally to improve biodiversity and nature conservation. As part of the previous application for Phase 1, a full Ecological Report was submitted, which retains some relevance to the application site in terms of identifying the generally low conservation value of the present site due to its current management, which focuses upon its amenity value and no protected species were recorded as part of the survey. A further study undertaken by the City Ecologist also confirms that there are no bat roosts in the trees on this site.

With regard to proposed ecological enhancements, this application states that the topsoil within the application site will be stripped and retained for re-use on the slopes adjoining the new path. These areas will then be sown with a wildflower and bulb mix to increase bio-diversity. It is advised that insect populations, including bees, butterflies and moths will benefit from such diversification as well as such planting adding to the visual attractiveness of the site.

With regard to tree planting, whilst five trees will have to be removed as part of this proposal, six replacement trees comprising a range of species such as oak and beech will be provided to compensate for this loss. The new trees will add further ecological diversity to the site and will be planted as part of an overall management plan for the park. On this basis, it is concluded that the application does incorporate a high quality landscape design that will enhance bio-diversity within the park in accordance with Policy BE6 of the UDP and guidance within PPS9.

Accessibility

This application does not alter the accessibility improvements secured as part of the previous submission (08/06012/RG3), which achieved a dedicated accessible route that cuts across the hillside at a maximum gradient of 1:20. As such, there is no impact upon accessibility. This application simply provides a new connection to Shrewsbury Road for cyclists and the occasional service/maintenance vehicle and may also be used by pedestrians as a shorter steeper route to Shrewsbury

29 Road. As such, there is no impact upon accessibility arrangements through the Park as a result of this proposal.

Impact of the proposal on the adjacent Listed Building and Norfolk Road Conservation Area

The application site lies in close proximity to the Grade II Listed former Sweet Factory at 19 Shrewsbury Road, for which planning permission has recently been granted for its residential use. It is also in close proximity to the Norfolk Park Conservation Area.

Policy BE19 of the UDP (Development affecting Listed Buildings) advises that proposals for development within the curtilage of a building or affecting its setting will be expected to preserve the character and appearance of the building and its setting. In this case, the new cycle/vehicle route is set approximately 17 metres (at the closest point) from the boundary with 19 Shrewsbury Road. The area between the new route and the Sweet Factory will remain as landscaped public open space and the existing pedestrian route such that there is no significant change to the character of this property. Given that the principal character of the park as a green open space is retained, it is therefore considered that the setting of the Listed Building is also retained sufficiently to accord with Policy BE19 of the UDP.

Similarly, in relation to the Norfolk Park Conservation Area, it is relevant to note Policy BE15 of the Adopted UDP, which relates to areas and buildings of Special Architectural and Historic Interest. It advises that development that would harm the character or appearance of Conservation Areas will not be permitted. Policy BE16 provides more specific advice on development in Conservation Areas and advises that permission will only be grated for proposals that contain sufficient justification to enable their impact on the area to be judged acceptable and where it would preserve or enhance the special character or appearance of the Conservation Area. In this case, the application does not fundamentally alter the existing character of the Sheaf Valley Park and its interaction with the Norfolk Park Conservation Area on Shrewsbury Road. Subject to achieving an appropriate quality of gate and bollards at the access/egress point on Shrewsbury Road, which will be secured by means of a planning condition, it is determined that the proposed development will not detract from the character of the Norfolk Park Conservation Area and is therefore acceptable in accordance with Policies BE15 and BE16.

Impact on the amenity of adjoining residents

It is noted that 19 Shrewsbury Road benefits from a residential consent such that the impact of the proposed development on the amenity of any future occupiers should be considered.

It must be acknowledged, however, that 19 Shrewsbury Road already adjoins the Park and is directly adjacent to a footpath that runs from Shrewsbury Road to the Midland Mainline station. This application proposes a new route for cyclists and the occasional maintenance vehicle that will run to the west of this property at a distance of approximately 18 metres (minimum). Given the existing close

30 proximity of 19 Shrewsbury Road to an area of public open space, it is not considered that the introduction of a new pathway will be unduly detrimental to the amenity of this dwelling; indeed, it will ensure that cyclists and occasional vehicles are a further distance from their property than the previously envisaged route approved in accordance with 08/06012/RG3. On this basis, the proposed development is considered acceptable.

REPONSE TO REPRESENTATIONS

The concerns of SYPTE in relation to drainage are noted. However, the application does include details of drainage, which indicates a linear drainage system comprising a piped filter drain that extends the entire length of the proposed new pathway. The applicant is fully aware of the concerns of SYPTE and it is not anticipated that this proposal will worsen any existing drainage issues.

SUMMARY AND RECOMMENDATION

This application proposes the construction of a new route for occasional service vehicles and cyclists that connects into the accessible path approved as part of 08/06012-RG3 and onward to Shrewsbury Road. The new path extends for a distance of approximately 74 metres and will be surfaced with a textured resin bound gravel surface to provide good slip resistance and constructed to Highway Authority standards to allow for occasional vehicles serving the events arena. The new path will split before it reaches Shrewsbury Road to segregate the vehicular access/egress point from the cycle access/egress point. The vehicle entrance will be gated with a gate placed immediately behind the footway of Shrewsbury Road to eliminate ‘fly parking’ problems in the vicinity with the cycle route protected from unauthorised vehicular use by the introduction of bollards. As part of this application, it is also proposed to improve the safety of the steep section of footpath that crosses the application site by replacing the steep ramped path with steps and handrails. The new route will be lit to Highways Authority standards.

The application site comprises public open space but it is determined that the proposals will retain and enhance the character of this park as a public open space but it will also enhance its role as a green corridor by improving accessibility for all, in accordance with Policies LR4 and LR5 of the UDP and Policies CS45 and CS47 of the SDF Core Strategy.

Although resulting in the loss of a five existing trees, their replacement as part of a managed landscape strategy and the introduction of new bio-diverse planting will ensure a park that creates an interesting and attractive environment and will promote nature conservation and species diversity in accordance with Policy BE6 and PPS9.

It is considered that the park will continue to provide an appropriate setting for the adjacent Listed Building at 19 Shrewsbury Road, in accordance with Policy BE19 of the UDP and will not impact detrimentally upon the character of the Norfolk Park Conservation Area in accordance with Policies BE15 and BE16 or the amenity of future occupiers of 19 Shrewsbury Road.

31 The application is therefore deemed acceptable in principle and is recommended for approval subject to conditions.

Case Number 10/01074/FUL

Application Type A Full Planning Application

Proposal Extension to existing building to form two new House in Multiple Occupation units to accommodate a maximum of 5 people per unit (Use Class C4)

Location Curtilage Of 6 Wilkinson Street Sheffield South Yorkshire S10 2GA

Date Received 09/04/2010

Team CITY CENTRE AND EAST

Applicant/Agent SLA Design

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development, by virtue of its close proximity to the shared boundaries and the positioning of 8no. bedroom windows on the rear elevation at first and second floor level, would result in unacceptable overlooking to the existing residential properties on Gell Street and No. 8 Wilkinson Street, leading to an unacceptable loss of privacy for the occupiers of these properties. The development would therefore be contrary to Policy H5 and Policy H14 of the Unitary Development Plan, and Guideline 6 of the Council’s Designing House Extensions Supplementary Planning Guidance.

2 The Local Planning Authority consider that the proposed development, by virtue of its close proximity to the shared boundary and its three-storey height, would have an overshadowing and overbearing impact in relation to the existing residential properties on Gell Street, and would therefore result in an unacceptable affect on the living conditions of the occupiers of these properties. The development would therefore be contrary to Policy H5 and Policy H14 of the Unitary Development Plan, Guideline 5 of the Council’s Designing House Extensions Supplementary Planning Guidance.

3 The Local Planning Authority consider that the proposed development, by virtue of its design including its overly large scale, massing, architectural detailing and appearance would create an unsatisfactory addition to the existing pastiche built form and the Wilkinson Street streetscene. The development would fail to make a positive contribution to the overall character of the Hanover Conservation Area and therefore it would be contrary to Policies BE5, BE15 and BE16 of the Unitary Development Plan,

33 Policy CS74 of the adopted Core Strategy, the aspirations of the Sheffield City Centre Urban Design Compendium, and the guidance contained in Planning Policy Statement 5: Planning for the Historic Environment.

34 Site Location

36 LOCATION AND PROPOSAL

The application site comprises land that is currently used as the existing off-street car parking area for the residential accommodation at Nos.2a – 6 Wilkinson Street in the Hanover Way Conservation Area in Sheffield City Centre.

The site is rectangular in shape with dimensions of approximately 20.5m (long) x 10m (wide). The land is flat with a block paved ground surface, and a brick and rail boundary treatment. It is positioned to the West of Nos. 2a - 6 Wilkinson Street, which comprise a block of 4 multiple occupancy dwellings that were approved by the City Council in 1996. The site that is the subject of this application was designated as car park for this development comprising six formal car parking spaces.

The current application proposal seeks planning permission to extend the existing building and construct a further two multiple occupancy dwellings on the site. The proposed units would be attached to the side elevation of No.6 Wilkinson Street and take an identical form/design to this existing accommodation; they would be three-storeys high, constructed from red brick with modern roof tiles. Each dwelling is proposed to have a small front and rear garden area; the rear garden is proposed to be approximately 6.5m long x 5m wide (32.5 square metres).

Each of the multiple occupancy dwellings proposed contain 5no. bedrooms sharing bathroom, kitchen/dining and living facilities. Given that the properties would be small shared dwellinghouses occupied by 5 unrelated individuals sharing basic amenities, it is the case that the units would fall within the new C4 Use Class: “Houses in multiple occupation”.

With regard to the surrounding context, this section of Wilkinson Street – to the east of A61 Upper Hanover Way dual carriageway – is a short road accessed from Gell Street and Glossop Road. The immediate street scene is characterised by a row of 8 Victorian terraced properties with small front gardens along the south side of the street and to the north there is the 3-storey building that contains Nos.2a – 6 Wilkinson Street. Also there is a pair of Victorian villas at Nos. 8-10 Wilkinson Street, which are set back from the street frontage and are the only remaining pair of villas left on this side of Upper Hanover Street. They also represent character buildings in the Conservation Area.

RELEVANT PLANNING HISTORY

As discussed, Members are advised that an application to erect 4 houses on the adjacent site was approved by the Council in July 1996 (Ref. 95/01169/FUL). This scheme was approved following significant amendments to the original submitted scheme.

The current application proposal would be attached to the west elevation of this existing property and built on its designated off-street car parking area.

37 Summary of Representations

The application has been advertised by site notice, press advert and neighbour notification letters. There have been two letters of objection received from local residents. In summary, their objections relate to:

Overlooking – The new development will overlook existing properties on the street. The comment set out in part 6.16 of the Design & Access statement, which states ‘It is highly unlikely that the proposed development will any impact on existing residents in the locality and the surrounding business…” is untrue.

Overshadowing/Overbearing – The 3-storey development adjacent to an existing 3-storey development will block out sunlight to the front of the properties on Wilkinson Street and the rear of the houses on Gell Street.

Car Parking – There is limited parking on Wilkinson Street and more students living on the street would only add to the situation. There are currently 6 parking spaces on the street and 10 more residents would increase difficulties in parking. This is also of concern to parents with children at Springfield School and using Gell Street car park.

Intensification – The immediate area is already overrun with multiple occupancy housing at great detriment to the existing resident community. Residents have to live with the mess on the street that students make as well as late night noise and the situation would be worse with extra residents.

It is clear that this proposal is not a terraced property but a continuation of the adjacent flats on an already over-populated small street.

Upkeep – Nos. 66 – 80 Gell Street are owner occupied properties and one only has to look at the upkeep of these houses in comparison to 82 – 84 to recognise the detrimental impact tenanted student occupied properties can have on an area.

This is not a material planning consideration.

Support – Residents would be more willing to support a development of lower height town houses designated for family occupation rather than high occupancy student accommodation. They would also support a move to encourage landlords to return other properties to family occupation in the community.

Disruption – Major disruption will occur whilst the development is taking place (e.g. dust, dirt, mud, noise, lack of parking etc)

This is not a material planning consideration.

PLANNING ASSESSMENT

Policy Issues

38 The application site is located in a designated Housing Area in Sheffield’s adopted Unitary Development Plan (hereafter, UDP). The site also falls within the Hanover Way Conservation Area.

UDP Policies

Policy H10 of the UDP relates to “Development in Housing Areas” and states that the preferred use in these areas will be Housing (C3). Until very recently, HMOs lawfully fell 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. However, the publication Circular 05/10 “Changes to Planning Regulations for Dwelling Houses and Houses in Multiple Occupation” on 6th April 2010 has now changed this classification and created a new class – Class C4 – for HMOs for small shared dwelling houses occupied by between 3 and 6 unrelated individuals who share basic amenities.

Given the Use Class amendments, it is the case that the acceptability of a C4 use must be assessed on its individual planning merits. Due to the residential nature of the use, and the fact that other residential uses such as hotels (C1), residential institutions (C2) and dwelling houses (C3) are all deemed as preferred or acceptable uses in a Housing Areas, it is concluded that the principle of an HMO at this site is acceptable, subject to it complying with other relevant UDP and Core Strategy policies.

Core Strategy Policies

Policy CS 41 relates to “Creating Mixed Communities” and seeks to encourage the development of housing to meet a range of housing needs including a mix of prices, sizes, types and tenures. Part (d.) of the policy seeks to limit new or conversions to hostels, purpose-built student accommodation and Houses in Multiple Occupation where the community is already imbalanced by a concentration of such uses or where the development would create an imbalance.

In order to comply with Policy CS 41, no more than 20% of residences within 200 metres of the application site should be shared housing. Due to its location, there is not currently a 'concentration' of shared housing within 200m of the site (in fact it is around 10%). The development would increase numbers obviously but still not to a level at which it would be considered a concentration under Policy CS 41 and it is therefore concluded to be an acceptable addition to the area.

Residential Amenity Issues

Policy H14 of the UDP relates to “Conditions on Development in Housing Areas” and places conditions on developments to ensure that new buildings or uses do not lead to unsatisfactory environments for people living in Sheffield. Part (b) of H14 requires that new development does not over-develop a site or deprive residents of light, privacy or security, or cause serious loss of existing garden space, which would harm the character of the neighbourhood.

39 Also, Policy H5 of the UDP is relevant as it relates to “Flats, Bed-Sitters and Shared Housing” and states that planning permission will be granted for the creation of such accommodation only if (a) a concentration of these uses would not cause serious nuisance to existing residents; and (b) living conditions would be satisfactory for occupants of the accommodation and for their immediate neighbours; and (c) there would be appropriate off-street car parking for the needs of people living there.

The content of the Council’s ‘Designing House Extensions’ Supplementary Planning Guidance document is also relevant to this application. The document supplements the UDP policies and is a material consideration in deciding planning applications. It sets down standards for extensions and provides guidance in relation to issues such as privacy distances, overshadowing, overdominance etc.

The main issues surrounding this development is the impact of the development on the amenity of existing residents, namely due to the overshadowing and overlooking that would be generated by the new building.

Overlooking Issues

It is considered that the proposed development would result in a significant amount of additional overlooking to the rear garden areas of the existing dwellings on Gell Street, which is considered unacceptable.

It is the case that each of the dwellings proposed would include 3 bedrooms at the rear of the property over the first and second floor levels. Each of the bedrooms would be served by a window which is proposed to be positioned on the rear elevation of the dwelling. These windows would be positioned approximately 7.5m away from the private rear garden space of No.84 Gell Street and would overlook it from an elevated position at first and second floor level. The number of additional habitable room windows and the limited mitigation space between existing and proposed is considered to be unacceptable.

Members are advised that during the course of the 1995 application for the development that is now 2a – 6 Wilkinson Street, careful consideration was given by Officers to ensure that habitable windows were sited in a sensitive manner to prevent significant overlooking of the properties on Gell Street. This included the strategic positioning of bathrooms (with obscure glazed windows) and bedroom windows. In particular, the windows of the rear end bedrooms at first and second floor level of No. 6 were positioned on the West facing side elevation of the property to ensure that they overlooked the new car park and not the gardens of the properties on Gell Street. It is the case that other bedroom windows to the four dwellings overlooked the blank gable or front garden of No.84 Gell Street.

In order to accommodate the application proposal on the side elevation of No.6 Wilkinson Street, it is proposed to re-position the existing side bedroom windows (discussed above) to the rear elevation of the property. This offers further amenity concern as it would result in an additional two new bedroom windows overlooking the gardens on the properties on Gell Street, undoing the work previously achieved by Officers in 1995.

Additionally, it is considered that the proposed development would result in overlooking issues between the proposed development and the existing residential accommodation at No. 8 Wilkinson Street. There is a distance of approximately 6m between the front elevation of No. 8 and the rear elevation of the proposed development, which is considered to be unacceptable. The closest windows to the shared boundary at first and second floor levels would be bedroom windows and it is considered that the overlooking between both is intensified due to the 3-storey height of the proposed building and the level difference between the adjacent site.

In light of the above, it is concluded that the proposal would deprive existing residents of privacy which would be contrary to Policy H5, Part (b), and H14, Part (c), of the UDP, as well as Guideline 6 of the ‘Designing House Extensions’ SPG.

Overshadowing/Overbearing Issues

It is considered that the proposed development would result in a significant amount of overshadowing to the existing rear elevation and garden space of the existing property at No.84 Gell Street. The application proposal would be positioned to the immediate south of this neighbouring property and due to its close proximity (approximately 7.5m away), height (3-storeys) and width across the entire boundary, it is considered that there would be an unreasonable level of overshadowing of the rear elevation and garden area for an extended part of the day. It is also considered that the proposed development would have an overbearing impact on the adjacent properties for the same reasons.

The relationship between existing and proposed is considered to be unacceptable and it is felt that the proposal would deprive existing residents of light which would be contrary to Policy H5, Part (b) and H14, Part (c), of the UDP, as well as Guideline 5 of the ‘Designing House Extensions’ SPG

Design and Conservation Issues

The application site is located in the Hanover Conservation Area. Wilkinson Street and Gell Street form a quiet nineteenth-century residential group which before Hanover Way was built joined with the residential streets to the west. The west end, closest to Glossop Road contains, a considerable number of listed buildings as well as a number of other buildings of interest and a large quantity of mature trees which contribute to the area’s character.

The site is highlighted in the Sheffield City Centre Urban Design Compendium as a Character Area within the Devonshire Quarter. The Compendium states that Wilkinson and Gell Street retain a “…strong grid street layout, and an identifiable industrial vernacular, derived from the requirements of metal trades.”

With regard to relevant local policy, Policy BE15 of the UDP relates to “Areas and Buildings of Special Architectural or Historic Interest”. It states that development which would harm the character or appearance of Listed Buildings, Conservation Areas or Areas of Special Character will not be permitted.

Policy BE16 of the UDP is also relevant and relates to “Development in Conservation Areas” and states that in these areas permission will only be given for proposals which would preserve or enhance the character or appearance of the Conservation Areas.

More generally relating to design principles across the City, Policy BE5 of the UDP relates to “Building Design and Siting” and sets out the main criteria to ensure that new development is well-designed. It expects good design and the use of good quality materials in all new and refurbished buildings.

Policy CS 74 of the Core Strategy relates to “Design Principles” and also expects high-quality development which respects, takes advantage of and enhances the distinctive features of the city, its districts and neighbourhoods.

The content of Government guidance contained in Planning Policy Statement 5: ‘Planning for the Historic Environment’ (PPS5) is also relevant to this proposal. PPS5 replaced PPG15: Planning and the Historic Environment and PPG16: Archaeology and Planning in April 2010 and sets out the Government's planning policies on the conservation of the historic environment.

It is considered that the application proposal would represent an unacceptable addition to Wilkinson Street’s streetscene due to its overly large scale and poor design (including architectural detailing). It is felt that the development would not make a positive contribution to the character and local significance of surrounding heritage assets. In this case it is the setting of the Conservation Area and significant buildings within the Conservation Area (Nos. 8 -10 Wilkinson Street) that this proposal is damaging.

The existing building containing Nos. 2a – 6 Wilkinson Street offers a poor pastiche design comprising architectural detailing that is not representative of the surrounding area or local vernacular. Thus, it is considered that this building does not make a positive contribution to Wilkinson Street and the Conservation Area setting. It is accepted that this building was approved by the City Council in 1996, however, since this time our aspirations and stewardship with regards to protecting and enhancing the historic environment have significantly evolved, as has relevant local policy and Government guidance. This includes the UDP (1998), Urban Design Compendium (2004), Core Strategy (2009) and PPS5 (2010). Therefore, it is the case that whilst the proposal was considered to make “an adequate contribution to the character of the Conservation Area” in 1996, Members are advised that there would be significant concerns about the design, detailing and massing of the existing building if it was proposed under the current planning requirements.

The current application proposes to extend this building in an identical manner, including its height, scale and massing. The architectural detailing is also identical and replicates the position, detailing and alignment of windows, doors and quoins. Given that the existing building does not positively contribute to the area, it is considered unacceptable to allow a further extension of a building that mimics the current design and increases the overall scale, massing and appearance of a

42 building that does not enhance or positively contribute to the Conservation Area. Simply because the existing building was approved by the Council over 14 years ago, this is not considered to be reasonable justification to allow approval of this application. Members are advised that no detailed assessment to explain the potential impact of the proposal on the significance of the heritage assets have been provided in support of the application to justify the proposal.

In light of the above, it is considered that the proposed development’s design would be contrary to requirements of UDP Policy BE5, BE15 and BE16, Core Strategy Policy CS 74, and the guidance contained in PPS5.

Car Parking Issues

Part (d) of UDP Policy H14 states that new development or change of use should provide safe access to the highway network, appropriate off-street parking and not endanger pedestrians.

This application does not provide any in curtilage parking for the new development and, in fact, the proposal will mean the loss of the existing parking spaces for the adjacent dwellings which are under the ownership of the applicant. However, inspection has shown that the parking spaces in question have only limited use as the applicant asserts in the application. As this site is close to the city centre reduced parking provision and car use is acceptable, expected and is a City Council objective. Although care has to be taken when reducing in curtilage parking provision that there is no adverse effect on the highway and local amenity, as Wilkinson Street is part of a residents parking scheme on street parking can be controlled by Sheffield City Council through limiting the issuing of residents parking permits. With this in mind it considered that it would be unreasonable to withhold consent for this application on highway grounds and it is concluded that the proposal is acceptable in terms of Policy H14, Part (d).

SUMMARY AND RECOMMENDATION

For the reasons outlined in this report, it is considered that the application proposal would represent an unacceptable addition to the site, the streetscene and the overall Hanover Conservation Area. Whilst the principle of adding a further two HMO dwellings to this area (each containing 5 bedrooms) appears acceptable in UDP and Core Strategy policy terms, it is clear that the proposal generates significant residential amenity concerns for neighbouring occupiers due to the amount of overlooking, overshadowing and overbearing issues that would be generated and comprises a design that neither preserves, enhances or positively contributes to the main heritage assets that surround the site – these being the Hanover Conservation Area and Nos. 8 – 10 Wilkinson Street. Given that the existing building does not positively contribute to the area, it is considered detrimental to allow a further extension of a building that mimics the current pastiche design and increases the overall scale, massing and appearance of a building that does not enhance or positively contribute to the Conservation Area.

It is concluded that the application proposal would be contrary to requirements of UDP Policies H5, H14, BE5, BE15 and BE16, the Core Strategy Policy CS 74, the

43 guidance contained in the Council’s ‘Designing House Extensions’ SPG, and Government guidance contained in PPS5. It is therefore recommended that the application be refused.

Case Number 10/01067/LBC

Application Type Listed Building Consent Application

Proposal Internal alterations for use of first-floor as restaurant (ancillary seating to existing ground floor use)

Location Zeenat Restaurant 758 - 764 Attercliffe Road Sheffield S9 3RQ

Date Received 08/04/2010

Team CITY CENTRE AND EAST

Applicant/Agent MG Design Services Ltd

Recommendation Grant

Subject to:

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

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

Attention is drawn to the following justifications:

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

BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas

This development has been considered in relation to Policies BE17, BE19, S7 and S10 within the Sheffield Unitary Development Plan and overall it is considered that the development complies with the relevant policies and proposals, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

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

46 Site Location

47 For report please see application 10/01064/CHU.

Case Number 10/01064/CHU

Application Type Planning Application for Change of Use

Proposal Use of first-floor as restaurant (ancillary seating to existing ground floor use) (Use Class A3)

Location Zeenat Restaurant 758 - 764 Attercliffe Road Sheffield S9 3RQ

Date Received 08/04/2010

Team CITY CENTRE AND EAST

Applicant/Agent MG Design Services Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 The hereby approved use shall at all times remain ancillary to the main ground floor use.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

49 the environment, community or other public interests of acknowledged importance.

50 Site Location

LOCATION AND PROPOSAL

This application relates to the first floor of a Grade II Listed Building set on the corner of Attercliffe Road and Worksop Road. The ground floor of the building is currently in use as a restaurant known as Zeenat and the applicant wishes to use the first floor for ancillary seating.

The building is three storeys in height and boasts very grand facades. The applicant wishes to cater for a further 100 covers and also provide a bar, toilets and a store at first floor. The ground floor currently provides 45 covers and the second floor is currently empty.

The application site is within an Area of Special Character and also a Local Shopping Centre as defined by the Sheffield Unitary Development Plan (UDP).

RELEVANT PLANNING HISTORY

Consent was granted to use the ground floor of the premises as a restaurant in 1980 (80/00404/FUL).

PLANNING ASSESSMENT

Land Use

Policy S7: Development within District and Local Shopping Centres within the UDP states that Shops (Use Class A1) would be the preferred use and Restaurants (Use Class A3) would be acceptable.

Given that the current use of the ground floor is as a restaurant and this proposal would be ancillary to that use the application is considered to be in accordance with Policy S7.

Design & Listed Building Issues

Policy BE17: Design and Materials in Areas of Special Architectural or Historic Interest within the UDP states that in Areas of Special Character a high standard of design using traditional materials and a sensitive and flexible approach to layouts of buildings will be expected.

Policy BE19: Development Affecting Listed Buildings within the UDP states that proposals for change of use will be expected to preserve the character of the building.

After a site meeting and discussions with the City Council’s Urban Design and Conservation Team it is considered that the proposed internal alterations (which consist only of some minor internal partition walls to form toilets and store areas) would have no impact on the special character of the listed building. Further to this, the reuse of this area is considered to be of a benefit to the listed building as it is becoming dilapidated.

The proposal incorporates no external alterations.

Noise & Odour

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

The unit already has extraction equipment and this is therefore not a relevant consideration.

As the proposed use already exists and the building is within a Local Shopping Centre any impact on the few residents that may be in close proximity to the unit will be moderate.

Highways

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

The proposal is within the Local Shopping Centre and in close proximity to good public transport links. It is also noted that there would be ample on street parking in the area during the evening and it would be anticipated that a number of the customers would already be in the area.

The proposal does not therefore give rise to any highway concerns.

Refuse

The restaurant has suitable bin storage within the basement area.

SUMMARY AND RECOMMENDATION

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

As the use already exists the proposal will not have any undue impact on residential amenity.

The proposal will not have any impact on the special character of the listed building.

The proposal is located within close proximity to good public transport links and there is ample on street parking in the evenings. The proposal therefore gives rise to no highway concerns.

53 Grant conditionally.

Case Number 10/01018/FUL

Application Type A Full Planning Application

Proposal Use of basement/ground floor of building as a restaurant (Use Class A3)

Location 261-263 Fulwood Road Sheffield S10 3BD

Date Received 13/04/2010

Team SOUTH

Applicant/Agent Melling Ridgeway And Partners

Recommendation Grant Conditionally

Subject to:

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

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

2 The route of the proposed fume extraction system shall be within the building as shown on the submitted plans and in accordance with full details to have first been submitted to and approved by the Local Planning Authority. Such details shall include anti-vibration mountings, suitable means of isolation within habitable rooms and a low resistance cowl. No externally mounted plant or equipment for heating or cooling 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.

3 The restaurant shall not operate a home delivery service without the prior written approval of the Local Planning Authority.

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

55 4 The restaurant shall be used for the above-mentioned purpose only between 0900 hours and 2330 hours (Mondays to Saturdays) and 0900 hours and 2300 hours (Sundays and Public Holidays).

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

5 The restaurant shall not be used unless suitable access and facilities for people with disabilities, both to and within the building and also within the curtilage of the site, have been provided but, before such access and facilities are provided, full details thereof shall have been submitted to and approved in writing by the Local Planning Authority. When the access and facilities have been provided, thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practise BS8300).

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

6 The restaurant shall not be used unless sound insulation measures have been implemented to protect residents of the first floor living accommodation in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority and thereafter the approved sound insulation measures shall be retained.

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

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

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

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas BE8 - Design of Buildings Used by the Public BE16 - Development in Conservation Areas CS34 - District Centres

Overall it is considered that the development complies with the relevant policies and proposals, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

(i)Sections 4 and 7 of the Chronically Sick and Disabled Persons Act 1970, as amended; and

(ii)the code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 8300) or any prescribed document replacing that code.

Section 4 sets requirements for access to, and facilities at, 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.

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.

57 Site Location

INTRODUCTION

This application is effectively a renewal of an earlier planning permission that expired in August 2009 (ref 04/02533/CHU).

LOCATION AND PROPOSAL

The site is a double-fronted shop unit within a parade of shops between Glossop Road and Ashgate Road in Fulwood Road. The unit is currently vacant having last been used as Treasures card/gift shop. There are flats at the upper floor levels accessed via separate doorways to either side of the shop front. There is an external stairway to a flat roof above the rear of the shop from Ashgate Lane to the rear of the site. The shop also has a delivery entrance to Ashgate Lane. San Remo’s restaurant adjoins the site at Nos.257-259 and there is an optician’s shop at No.265.

The application is for the use of the shop unit as a restaurant. A submitted layout indicates seating for 54 persons with a small ancillary bar area to the rear of the restaurant and a disabled toilet. Staff, kitchen, storage and toilet facilities are at lower ground floor level together with the delivery entrance which is accessed from Ashgate Lane.

RELEVANT PLANNING HISTORY

An identical scheme was granted planning permission in August 2004 (ref.04/02533/CHU). The permission was subject to conditions, including provision for the flue to be sited internally and a restriction on the hours of use.

Planning permission had previously been refused for a restaurant/take-away use in 1994 (ref.94/1240P). The reasons for refusal were the interruption of the shopping frontage and the resulting impact on the shopping function and vitality and viability of the District Centre and insufficient information to demonstrate that a flue could be satisfactorily accommodated.

SUMMARY OF REPRESENTATIONS

No representations have been made in respect of this application.

PLANNING ASSESSMENT

Land Use Policy

The site lies within the Broomhill District Shopping Centre (DSC), as defined in the adopted Unitary Development Plan (UDP). It is also within the Broomhill Conservation Area. There are no proposals to change the land use designation in the Sheffield Development Framework (SDF) Preferred Options Proposals Map.

The proposed use is acceptable in principle in accordance with UDP Policy S7 (Development in District and Local Shopping Centres). Retail uses (Class A1) are the preferred land use. Core Strategy Policy CS34 (District Centres) encourages District Centres to fulfil their role of providing for everyday needs with a range of retail, leisure and community facilities, appropriate in scale and function to the role of the centre.

UDP Policy S10 (Conditions on Development in Shopping Areas) seeks, amongst other things, to preserve the dominance of retail uses within DSC’s in order to protect the primary shopping function. At present, retail uses occupy approximately 61% of the DSC. Whilst the proposals represent the loss of a preferred retail use, they do not prejudice the dominance of retail uses. The proposals therefore comply with Policy S10(a) and there is no conflict with Policy CS34.

Conservation

The proposed change of use will not materially affect the appearance of the building. The applicant controls the entire building and has demonstrated that the necessary fume extraction equipment can be accommodated internally with the flue terminating on the rear roofslope. This arrangement can be conditioned so as to preserve the character and appearance of the Broomhill Conservation Area in accordance with Policy BE16 (Development in Conservation Areas).

Access Issues

There is a single step to the recessed entrance into the shop unit. Ramped access is indicated and can easily be achieved within this area. Although the main toilet facilities are at lower ground floor level, a wc for people with disabilities is indicated

60 at ground floor level. With these provisions in place, the proposals will comply with UDP Policy BE8 (Design of Buildings Used by the Public).

Amenity Issues

There is living accommodation above the shop unit. It is accepted that dwellings in Shopping Centres do not generally enjoy the same standards of residential amenity as can be expected in Housing Areas and it is considered that the impact of the additional restaurant, operating in a similar manner to the adjacent unit, is unlikely to significantly reduce the current level of amenity for occupiers of the flats. Sound insulation measures should be conditioned between the restaurant and first floor living accommodation to ensure that satisfactory living conditions are maintained. With these measures in place and an appropriate restriction on the hours of use, the proposals will comply with UDP Policy S10(b).

Fume extraction equipment will be required. Other food uses in this parade have large flues on the rear elevations of the buildings. These flues detract from the appearance of the Broomhill Conservation Area and should not set a precedent for additional external flues. Due to this concern, and as indicated in the previous application (04/02533/CHU), the applicant has indicated an internal flue which would terminate at ridge height on the rear elevation. The internal flue will need to be suitably isolated and attenuated as it passes through a bedroom to the flat. Such protection measures can be conditioned.

Although the application is for a restaurant (Class A3), there is scope for ancillary activities such as a take-away/delivery service provided they remain ancillary. A condition is recommended to prevent provision of a delivery service. This is in order to preclude the possibility of the small rear open yard being used by delivery mopeds. These would be a source of nuisance to residents of upper floor flats and dwellings in Ashgate Road that have rear elevations facing the rear of the site in Ashgate Lane.

Highway Issues

There is one potential off-street car parking space available to the rear of the site, in front of the delivery entrance. This space is not suitable for use by customers but could be used by staff if required. Staff car parking is not normally expected in shopping centres and its availability need not be conditioned.

There are full time parking restrictions in front of the entire parade of shops and 2 hours maximum stay restrictions on the opposite side of Fulwood Road. Fulwood Road is well served by regular public transport and there is a considerable residential catchment within walking distance of the site. The restaurant use is likely to be busiest during the evening when demand for car parking is relatively light. In these circumstances, it is considered that there are no reasonable grounds for refusal in highways terms and no conflict with UDP Policy S10(f).

61 SUMMARY AND RECOMMENDATION

The site is a vacant double retail unit (Class A1). The proposed use as a restaurant will not prejudice the dominance of retail uses or the shopping role of the Broomhill District Shopping Centre. There is no facility for customer parking. However, adequate on-street parking is available in the evenings, when the restaurant will be at its busiest, and the site is well served by public transport. Limited staff parking is available to the rear of the site. The proposals include suitable disabled access facilities and the necessary fume extraction equipment can be satisfactorily accommodated internally so as to avoid harm to the appearance of the Broomhill Conservation Area. Adequate residential amenity can be maintained for occupiers of the flats above the shop unit.

Overall, the proposals comply with relevant UDP and Core Strategy policies and it is recommended that planning permission is granted subject to conditions.

Case Number 10/01007/CHU

Application Type Planning Application for Change of Use

Proposal Use of outbuilding as office

Location 104 South View Crescent Sheffield S7 1DH

Date Received 06/04/2010

Team SOUTH

Applicant/Agent Mr Geoffrey Garfitt

Recommendation Grant Conditionally

Subject to:

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

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

2 Any repairs to the building shall be carried out using facing and roofing materials to match the facing and roofing materials to the existing building and samples of any facing and roofing materials required to repair the building shall be submitted to and approved in writing by the Local Planning Authority prior to use.

In the interests of the visual amenities of the locality.

3 The existing wall to the boundary of the site with the rear of the dwellings in Albany Road and Chippinghouse Road shall be retained in its entirety and full details of any making good of the wall, including materials, pointing and a method statement, shall be submitted to and approved in writing by the Local Planning Authority prior to any works on the wall being carried out.

In the interests of the amenities of occupiers of adjoining property and to protect the setting of the Nether Edge Conservation Area.

4 Any replacement windows or doors shall be set in minimum 100mm reveals unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

63 5 No external soil pipes or 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 occupiers of adjoining property.

6 No additional windows or other openings shall be formed in the elevations of the building without the prior written consent of the Local Planning Authority.

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

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

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

8 The office shall not be used on any Sunday or any Public Holiday and shall be used only between 0800 hours and 1700 hours on any other day.

In order to define the permission.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting BE16 - Development in Conservation Areas CS3 - Locations for Office Development CS63 - Responses to Climate Change CS64 - Climate Change, Resources and Sustainable Design of Developments CS67 - Flood Risk Management CS74 - Design Principles

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

Attention is drawn to the following directives:

1. The 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.

2. 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.

65 Site Location

67 LOCATION AND PROPOSAL

The building is part of a range of outbuildings in an enclosed yard to the rear of dwellings in South View Crescent. The buildings have previously been used as a builder’s yard/joinery workshop and for a number of garage related uses (vehicle maintenance). A number of the garage units are currently rented for domestic storage purposes.

The yard is located to the rear of terraced dwellinghouses at a bend in South View Crescent. Access is between two end terraced properties. The site opens out to reveal a number of brick built garage/workshops adjoining the rear boundaries of dwellings in Chippinghouse Road and Albany Road. The rear walls of the outbuildings are built above a retaining wall some 3 metres above the rear gardens of these dwellings. The outbuildings also adjoin a pair of two storey dwellings (Nos. 104a and 104b) which are accessed through the yard and are located directly to the rear of No104. Within the yard is a covered storage area that adjoins the boundary with No100 South View Crescent.

The yard has recently been acquired by the applicant and is now within the boundary of the dwelling at 104 South View Crescent. However, it does not form part of the residential curtilage. .

The applicant currently works between home and business premises elsewhere. The business is expanding and the proposal is to convert and use part of the range of existing lock up storage/garages within the yard as an administrative office base (Class B1). The main part of the business (using new technology for engineering applications) will continue to operate from premises in Broad Lane. The office floor space will be approximately 72m2 and 4 full-time and 2 part-time staff are ultimately intended. Office working is stated to be 08:00 – 17:00 hours (Mon-Fri).

RELEVANT PLANNING HISTORY

Planning permission for 2 bungalows on the site was granted in 2007 (ref.06/04312/FUL). The permission expired on 24th April 2010. Prior to this permission, planning permission had been refused for 2 dwellinghouses on the grounds of backland development and highway safety )ref.95/01092/FUL).

There is no planning history relating to the existing or previous land uses.

SUMMARY OF REPRESENTATIONS

One letter of representation has been received from a neighbour in Chippinghouse Road. The rear wall of the building lies on and above the boundary of the neighbour’s rear garden. The neighbour has no objection to the principle of the proposed office use but raises the following points:

- toilet will be located against rear wall - flushing has potential to disturb currently very peaceful back garden - request no opening windows, ventilation or extractor fans on rear elevation or rear roof slope – will spoil amenity of garden

68 - object to any proposal for soil pipe on rear elevation – inappropriate and will be taken down longstanding garden plantings – request taken to front of property – no existing pipe work on rear contrary to indication on plans - no objection to ‘sun tunnels’ provided appear as shown and no more than shown - welcome use of red brick and natural slate – request this is conditioned - proposed office hours noted – would welcome planning controls to prevent future ‘unsocial’ hours of use

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Area as defined in the Unitary Development Plan. There are no proposals to change the land use designation in the Sheffield Development Framework (SDF) Preferred Options Proposals Map. The rear boundary of the site abuts the boundary of the Nether Edge Conservation Area.

Housing uses (Class C3) are preferred but office uses (Class B1) are acceptable in Housing Areas in accordance with UDP Policy H10 (Development in Housing Areas). SDF Core Strategy Policy CS3 (Locations for Office Development) permits small scale office uses (less than 1000m2) in locations in District Centres, on high- frequency public transport routes in urban areas and near Supertram stops. The site is located on a high-frequency bus route (less than 5 minutes walk of a bus stop offering a 15 minute service to public transport interchange). The proposals do not displace a preferred land use and are well below 1000m2. The proposed office use thereby complies with Policies H10 and CS3.

Design and Sustainability

Core Strategy Policies CS63 (Responses to Climate Change) and CS64 (Climate Change, Resources and Sustainable Design of Developments) require new developments and conversions to be designed, amongst other things, to increase energy efficiency, reduce carbon emissions and function in a changing climate.

UDP Policy BE5 (Building Design and Siting) and Core Strategy Policy CS74 (Design Principles) seek to ensure that new developments and refurbished buildings are well designed and promote inclusive access. UDP Policy BE16 (Development in Conservation Areas) requires developments to preserve or enhance the character or appearance of Conservation Areas. This principle is also applied to developments that affect the setting of Conservation Areas.

The proposals are for the re-use of an existing building in an easily accessible location. The conversion is designed to maximise natural daylight (including use of sun tunnels) and to rely on controlled natural ventilation. Mechanical ventilation will be required for the toilet accommodation. The applicant is considering the use of solar powered extract fans for this need.

69 The external alterations are minimal, the key change being the introduction of glazing to the existing sets of solid garage doors and the provision of the sun tunnels previously referred to. The sun tunnels will have little impact on the appearance of the building. It is appropriate that matching materials (red brick and natural slate) are used for any necessary repairs to the fabric of the building in order to preserve the appearance of the building against the boundary of the Nether Edge Conservation Area.

There is level access to and within the building and also within the curtilage of the site. A disabled wc is to be provided.

Overall, the proposals represent a sustainable form of development and the conversion is well designed and accessible for all users. The proposals therefore accord with Policies CS63, CS64, CS74, BE5 and BE16.

Flood Risk

Core Strategy Policy CS67 (Flood Risk Management) seeks to reduce the extent and impact of flooding. The existing yard area has a permeable surface. There are no proposals to change this and no potential to increase permeability. Surface water run-off will therefore remain as existing and there will be no impact on flood risk. The proposals are consequently in accordance with Policy CS67.

Residential Amenity

No additional openings are proposed in the elevations of the building although sun tunnels are proposed to replace existing roof lights in the rear roof slope. The roof lights will be redundant due to the introduction of a ceiling beneath the roof void. The ceiling will increase energy efficiency and the sun tunnels will ensure that natural light is still available. The sun tunnels will have no adverse impact on the dwellings to the rear in Chippinghouse Road. The openings on the front elevation face into the yard area and will not overlook or adversely affect any other property. A condition precluding additional openings or unregulated ventilation/extraction equipment is appropriate to ensure that existing levels of residential amenity are maintained for adjoining occupiers. A similar condition was imposed in the previous planning permission for the two bungalows (06/04312/FUL).

The key issue is the level of activity associated with the proposed use. Any potential for disturbance will be restricted to the comings and goings of office staff and any visitors. However, it should be noted that there is potential for similar activity in connection with the existing lock ups. This activity is currently low key but could easily escalate depending on the activities of future tenants. There are no planning controls over this longstanding established use. Notwithstanding this, there is unlikely to be significant vehicular activity associated with the proposed use due to the small scale accommodation and the highly specialised nature of the business.

The proposed hours of use are well within normal office hours and, subject to the stated hours being conditioned to define the permission, there will be no potential for disturbance late into the evening.

Overall, the proposed use is capable of being accommodated in the Housing Area without harming current levels of residential amenity. The proposals therefore comply with UDP Policy H14 (Conditions on Development in Housing Areas).

Highway Issues

The Council’s current Car Parking Guidelines require a maximum of 2 spaces to serve the proposed use.

3 car parking spaces are shown to serve the office although the yard will be shared with tenants of the 7 remaining lock-ups in an informal manner. One of the 3 spaces is indicated for disabled parking. There is room to park at least 6 cars within the yard area. The shared parking arrangement with one space laid out for disabled parking is considered appropriate in this location.

The access to the site is gated with separate gates for vehicles and pedestrians. The gates are set back from the highway and can be operated without the need for vehicles to wait in the highway. There is good visibility between the highway and the parking spaces.

Overall, the access and highway arrangements are appropriate to the scale and nature of development and the proposals comply with UDP Policy H14(d).

SUMMARY AND RECOMMENDATION

The proposed office use is small scale and replaces unregulated former garage and builders yard uses. The existing building is capable of being converted without significant alterations to the external appearance and can accommodate the proposed office use without harming existing levels of residential amenity. Adequate provision is made for people with disabilities and for vehicles.

The proposed office is well designed and represents a sustainable form of development in an easily accessible location.

In view of the above, the proposals comply with the relevant UDP and Core Strategy Policies and it is recommended that planning permission is granted subject to conditions.

Case Number 10/01006/CHU

Application Type Planning Application for Change of Use

Proposal Use of shop (Class A1) for the sale of takeaway hot food (Class A5)

Location 747 Abbeydale Road Sheffield S7 2BG

Date Received 09/04/2010

Team SOUTH

Applicant/Agent David Parsons Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 The hot food takeaway shall not be used unless a level threshold has been provided to the entrance thereto in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level threshold shall be retained.

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

3 The hot food takeaway shall not be used unless the window to the rear elevation of the food preparation area has been altered so as to be non- opening and a self-closing mechanism has been fitted to the door on the same elevation. Thereafter the self-closing mechanism shall be retained and permitted to operate as intended and the window shall not be altered without the prior written consent of the Local Planning Authority.

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

72 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 Notwithstanding the details shown on the submitted plans, the fume extraction flue shall terminate 1 metre above the height of the roof light in the rear roof slope of the building.

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

6 The hot food takeaway shall not be used on any Sunday or any Public Holiday and shall be used only between 1100 hours and 2200 hours on any other day.

In the interests of the amenities of the locality and occupiers of adjoining property and in order to define the permission.

7 No consent is implied to the details shown on drawing No. 10/09 with regard to the layout or use of the upper floors of the building. Notwithstanding this, the development must be carried out in complete accordance with the following approved documents:

Drawing numbers: 10/09 10/10 (notwithstanding the requirements of Condition 4) EX-002 (Sheet 8 - Hopkins Catering Equipment Ltd)

Email from David Parsons Associates dated 14th May 2010.

In order to define the permission.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas CS39 - Neighbourhood Centres

The shop unit has been vacant for some time and, together with other vacant units in close proximity, portrays a sense of decline in the area. The proposed takeaway use is an acceptable form of development within a Local Shopping Centre (LSC) in accordance with UDP Policy S7. The proposed use will increase activity within this part of the LSC and add to the range of

73 food and drink uses currently on offer. Although finely balanced, the loss of a retail unit will not prejudice the main shopping function of the wider LSC and the proposals therefore comply with Policy S10(a). Adequate residential amenity can be maintained for adjoining occupiers, there is scope to improve access for people with disabilities and there is adequate on street parking for customers available at the anticipated busiest times. The proposals therefore comply with the quoted policies.

Attention is drawn to the following directives:

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

74 Site Location

LOCATION AND PROPOSAL

The site is a vacant retail shop unit with a flat above in a Local Shopping Centre. The property is in a row of similar properties that lie between Windermere Road and Thirlmere Road. There is a large single storey extension that takes up the majority of the rear yard area and an external stairway to the first floor flat. Adjoining the site is another vacant retail unit with flat above (749) and a tattoo studio with flat above (745). No749 is owned by the applicant. Traditional terraced housing lies to the rear of the site in Windermere Road.

The application is for the sale of takeaway hot food (Class A5). An external flue is proposed to the rear elevation. No other external alterations are proposed. The proposed opening hours are 11:00 – 22:00 hours (Mon – Sat) with no opening on Sundays or Bank Holidays.

RELEVANT PLANNING HISTORY

Planning permission for the rear extension, the external stairway and a front dormer window was granted in 2007 (ref 07/03159/FUL). The stairway and front dormer window were required to assist conversion of the upper floors to a self- contained flat. The use of the upper floors of retail shops as a single flat is ‘permitted development’. The works have been implemented with the exception of the dormer window.

Planning permission had previously been refused for a similar scheme due to the extension being overbearing on adjoining occupiers and the dormer being out of scale in the street scene (ref 07/01495/FUL).

76 Planning permission for a restaurant (Class A3) was granted at Nos755-757 in 2007 (ref. 07/04360/FUL). This property is a vacant double shop unit. The permission has not been implemented.

SUMMARY OF REPRESENTATIONS

One letter of objection has been received from a nearby take away proprietor:

- already 2 takeaways and 2 restaurants (one not yet occupied) in this row of buildings and another 3 takeaways and 2 restaurants within 200yds – additional take-away will hit existing businesses very hard – analysis of current business entities should be carried out - significant parking problem in area will be made worse as trading is assumed to be similar hours to existing businesses

PLANNING ASSESSMENT

Land Use Policy

The site is located within a Local Shopping Centre (LSC) as defined in the Unitary Development Plan (UDP). There are no proposals to change the land use designation in the Sheffield Development Framework (SDF) Preferred Options Proposals Map. Within the adopted SDF Core Strategy, LSC’s are redefined as Neighbourhood Centres

The proposed use is acceptable in principle in accordance with UDP Policy S7 (Development in District and Local Shopping Centres). Retail uses (Class A1) are the preferred land use. Core Strategy Policy CS39 (Neighbourhood Centres) encourages new developments of shops and community facilities that will serve the everyday needs of local communities. CS39 also acknowledges that demand for goods and services is declining in many Neighbourhood Centres.

UDP Policy S10 (Conditions on Development in Shopping Areas) seeks, amongst other things, to preserve the dominance of retail uses within LSC’s shopping centres in order to protect the primary shopping function. The Abbeydale Road LSC covers a wide area and assessment of dominance must be carried out over its entire length. At present, retail uses occupy approximately 67% of the LSC. Within the immediate area, there is a significant number of vacant retail units, including 3 of the 7 units in this small parade.

In the SDF Preferred Options Proposals Map, the existing LSC is proposed to be fragmented to form 4 much smaller Neighbourhood Centres with other parts being designated for Housing and Flexible Uses. The application property will be part of the small linear Neighbourhood Centre proposed over a distance of approximately 150m ending at the Woodseats Road junction. Within the proposed Neighbourhood Centre 50% of the units are retail shops although there is an approximate 25% vacancy rate. One unit has permission for a restaurant but this has not been implemented and will expire in December 2010.

77 In terms of the balance of uses, there will be less than 50% of units in the preferred retail use. However, the SDF proposed policy areas carry very little weight at this stage of the adoption process and consideration must therefore be based on the UDP designation. Within the LSC as a whole, retail uses exceed 50% of the area and the proposed change of use therefore complies with UDP Policy S10(a).

Government policy in PPS4: Planning for Sustainable Economic Growth dictates that decisions on planning applications resulting in the loss/change of use of shops in local centres should take into account the importance of the shop to the local community or the economic base of the area and refuse planning applications which fail to protect existing facilities which provide for people’s day-to-day needs. PPS4 also requires local authorities to respond positively to planning applications for the conversion or extension of shops which are designed to improve their viability.

In this instance, the unit is one of 3 vacant shops in a row of 7 units. This unit and No. 755-757 have been vacant for some time which is an indication of little market demand for retail use in this part of the LSC. The vacant units undermine the vitality of this part of the LSC and it is important to secure a return to use in order to reverse the sense of decline. The application indicates that a fish & chip shop will occupy the unit. In these circumstances, the loss of a vacant single unit to a non- retail use is considered acceptable and there is no conflict with Policies S10(a) or CS39.

Although any planning permission granted will not restrict the unit to a fish & chip shop, such use will add to the range of food on offer and is expected to be a genuine local facility serving a large residential catchment.

Amenity

The application indicates that sound insulation between the shop unit and the living accommodation above has been upgraded and sound tested to ensure adequate living conditions for occupiers of the flat.

Full details of the proposed extraction flue have been submitted for approval. The flue will emerge from the flat roof of the rear extension and run up the rear wall of the existing two-storey off-shot. The flue will terminate higher than shown on the submitted plans in order to protect existing rooflights to the rear roof slopes. It will be approximately at ridge height but will have little or no presence in the street scene in Abbeydale Road. It will be visible from Windermere Road in views across the rear of the row of shop units but will not be unduly obtrusive. The application has been amended to provide for a heat resistant painted finish to the flue. This will help to soften the impact in the view across the back of the property. The flue will not be intrusive in views from the rear of the dwellings in Windermere Road as it is barely beyond the line of the rear elevations of those properties.

The main potential for nuisance is from activity associated with the kitchen area. However, the layout is such that the rear area is for food preparation with cooking being undertaken to the front of the unit behind the sales counter. The layout minimises potential for odour problems at the rear of the building. Nevertheless,

78 there is a door and window in the rear elevation of the preparation area and therefore potential for odours to escape and affect the dwellings immediately to the rear, particularly if a different operating layout is planned by a subsequent occupier. In practice, the door and window open onto a 900mm wide enclosed area which is very restricted in potential for activity. A 1.8m high wall screens the boundary with the first dwelling in Windermere Road. A condition requiring the window to be non-opening and a self-closing device to be fitted to the door can be conditioned to ensure against unreasonable odour or noise disturbance.

Sound insulation has been provided between the shop unit and the flat above. The insulation has been tested and certified by the Association of Noise Consultants.

The proposed hours of use (closing at 22:00 hours) are not as late as many takeaway uses, including the existing take-away at No751, and are not expected to cause problems.

Bin storage is identified beneath the external stairway and also at the rear of the applicant’s adjoining property in a shared arrangement. There will be no visual impact outside the site.

In view of the above, the proposals maintain adequate levels of residential amenity and comply with UDP Policy S10(b).

Inclusive Access

The existing shop front is to be retained. There is a small step (125mm) to the entrance. The shop appears to have a forecourt but this area has not been included within the boundary of the application. The agent has confirmed that a portable ramp construction will be provided. A condition requiring suitable disabled access can be imposed to ensure provision.

Highway Issues

There is no off street parking to serve the shop unit. Takeaways generally attract customers from the local area and do not generate as much demand for parking as restaurants. Parking restrictions in Abbeydale Road only operate during peak periods. Demand is likely to be generally outside these hours and can be accommodated in front of the parade of shops. Deliveries to the shop are not expected to be any more frequent than those associated with most retail uses.

In view of the above, the proposals are acceptable in highway terms and comply with UDP Policy S10(f).

SUMMARY AND RECOMMENDATION

79 Although finely balanced, the loss of a retail unit will not prejudice the main shopping function of the wider LSC and the proposals therefore comply with Policy S10(a).

Adequate residential amenity can be maintained for adjoining occupiers, there is scope to improve access for people with disabilities and there is adequate on street parking for customers available at the anticipated busiest times. The proposals therefore comply with the quoted policies and it is recommended that planning permission is granted subject to appropriate conditions.

Case Number 10/00993/CHU

Application Type Planning Application for Change of Use

Proposal Use of ground, first and second floors of building as a house in multiple occupation for up to 8 persons (Sui Generis)

Location Ground To Second Floor Offices 447 Glossop Road Sheffield S10 2PR

Date Received 26/03/2010

Team SOUTH

Applicant/Agent Trevor Birchall Design Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 The residential use hereby permitted shall not be commenced unless sound insulation measures have been implemented to the party wall with No. 445 Glossop Road, details of which shall have been submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

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

3 The residential use hereby permitted shall not be commenced unless a scheme of sound attenuation works has been installed and thereafter retained. The scheme of works shall provide all habitable rooms with a North or West facing elevation with;

i) glazing with a minimum specification for traffic weighted sound reduction index, Rtra, of 34dB, and; ii) an acoustically treated means of secondary ventilation.

Details of such provisions shall be submitted to and approved in writing by the Local Planning Authority prior to installation.

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

4 The details, specifications and finish of any new windows required in order to comply with the foregoing condition, including elevations and sections, shall be submitted to and approved in writing by the Local Planning Authority prior to installation. 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 windows shall be installed in accordance with the approved details and shall be retained.

In order to ensure an appropriate quality of development.

5 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 house in multiple occupation 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.

6 The residential use hereby permitted shall not be commenced unless the redundant air conditioning units on the rear elevation of the property have been removed from the building.

In the interests of the visual amenities of the locality.

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

Drawing No. 1084/3/09

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas CS41 - Creating Mixed Communities H5 - Flats, Bed-Sitters and Shared Housing

82 H14 - Conditions on Development in Housing Areas CS63 - Responses to Climate Change CS64 - Climate Change, Resources and Sustainable Design of Developments BE16 - Development in Conservation Areas CS74 - Design Principles

The proposed change of use from former offices/consulting rooms to a shared housing use will strengthen the residential character of the Housing Area. On balance, the proposed density of occupation is considered to be justified in making the efficient use of a vacant property in a sustainable location without harming the character of this part of the Broomhill Conservation Area or creating an unacceptable concentration of shared housing uses.

Attention is drawn to the following directives:

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

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

83 Site Location

LOCATION AND PROPOSAL

No447 Glossop Road lies at the junction with College Street and is at the end of a Victorian terrace of similar properties. It is a two storey townhouse property with rooms in the roof space. The principal elevation fronts College Street. The rear elevation is three storeys high with the lower ground floor level being in use as offices albeit currently vacant. There is a large shared informal car park to the rear with vehicular access from College Street. The application indicates that 4 parking spaces are available to serve No. 447 Glossop Road.

The adjoining properties (No’s 443 and 445) are dwellinghouses with a salon at lower ground floor level (accessed from College Street). With the exception of No. 439, the remaining properties in the terrace are dwellings. No. 439 is an acupuncture clinic (Class D1) with access through the shared car parking area to the rear. The College Street properties are all in residential use, predominantly within the new Use Class C4 (House in Multiple Occupation – not more than 6 residents).

The building has previously been used as offices but is currently vacant. The application seeks to use the ground and upper floors as a house in multiple occupation with 8 bedrooms, a shared lounge/kitchen and 3 shared shower rooms. The lower ground floor level is retained as separate office accommodation. 3 rooms and the roof space are proposed to be sub-divided to provide the new bedrooms. Alterations to the external appearance of the building are restricted to

85 the removal of permanently fixed louvres that currently obscure two first floor original windows on the College Street elevation.

RELEVANT PLANNING HISTORY

Planning permission for the use of the ground, first and second floors as a 4 bedroom dwelling was granted in March 2010 (ref 10/00105/FUL).

Planning permissions for use of the whole building as offices and a self-contained flat, and medical consulting rooms and residential use, were granted in 1982 and 1989 respectively. Permission to use the basement as separate office accommodation was granted in 1992.

SUMMARY OF REPRESENTATIONS

One letter of objection has been received from a resident in College Street:

- too many HMO’s in this area – there are only 6 residential homes in this part of Glossop Road and College Street out of at least 20 properties - could result in additional 8 cars – car park only has space for 4, and only if parked carefully. Car parking in College Street is a nightmare since cutting the cost of permits and only space for 21 carefully parked cars - front garden will be neglected again - only tidied to attract new tenants - noise and disruption and additional demand for on street parking during construction

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Area as defined in the Unitary Development Plan (UDP). There are no proposals to change the land use designation in the Sheffield Development Framework Preferred Options Proposals Map. The site also lies within the Broomhill Conservation Area.

Principle of Proposed Use

The proposed use falls outside the scope of the Use Classes Order, as amended in April 2010. This is due to the House in Multiple Occupation (HMO) being shared by more than 6 people. The use is not listed as being acceptable or unacceptable within the scope of UDP Policy H10 (Development in Housing Areas) and the application must therefore be considered on its individual merits.

Housing (Class C3) uses are preferred in Housing Areas, in accordance with Policy H10. There is no loss of housing (Class C3) to accommodate the proposed HMO and the HMO is more consistent with the residential character of the area than the previous office/consulting rooms use. In these circumstances, the HMO use is considered acceptable in principle without conflicting with Policy H10.

86 The adopted Core Strategy Policy CS41 (Creating Mixed Communities) encourages housing developments to meet a range of housing needs with a mix of prices, sizes, types and tenures. The policy also seeks to limit the number of HMO’s where a community is, or would be, imbalanced by a concentration of such uses.

Policy CS41 considers the nature of housing within a 200 metres radius of an application site. The objective is to restrict additional shared forms of housing where there is a concentration of such uses in excess of 20% of properties within the radius. The majority of housing in the immediate area appears to be in shared occupation and therefore in Class C4 uses (HMO up to 6 persons). However, within a 200m radius, only 15% of residential properties are currently recorded as being in shared occupation. The proposals therefore comply with Policy CS41.

Density of Use and Amenity for Occupiers

The building currently has two main rooms on each floor and one large room in the roof space. The proposals involve the subdivision of the roof space and 3 of the 4 rooms at ground/first floor level in order to accommodate 8 bedrooms. This is clearly more bedrooms than would normally be associated with a property of this size and will result in the ground and first floor bedrooms being awkwardly configured. However, the alterations will not affect the external appearance of the building and each room will receive adequate daylight from existing original windows.

The smallest bedroom will have floorspace of approximately 9.5m2. The shared kitchen/living room is marginally over 20m2. There is a small front garden area that is relatively private due to the boundary wall and hedge which gives some screening.

The internal proportions of the building will be altered but, as the external appearance will not be affected and adequate private and communal space is provided, it would be difficult to justify refusal on the grounds of overdevelopment. On balance, it is considered that living conditions will be adequate for future occupiers and there is no conflict with UDP Policies H5 (Flats, Bed-Sitters and Shared Housing) and H14 (Conditions on Development in Housing Areas).

Sustainability

The site is in an easily accessible location and will ensure the building is used efficiently. In these circumstances, the proposals represent a sustainable form of development in accordance with Core Strategy Policies CS63 (Responses to Climate Change) and CS64 (Climate Change, Resources and Sustainable Design of Developments).

Conservation Issues

Two air conditioning units to the rear of the building will no longer be required and can be conditioned to be removed. This will be a visual improvement in views from College Street. Otherwise, the proposals will not alter the external appearance of

87 the building. The development will therefore have a neutral impact on the character and appearance of the Broomhill Conservation Area and the proposals comply with UDP Policy BE16 (Development in Conservation Areas) and Core Strategy Policy CS74 (Design Principles).

Residential Amenity

The living accommodation and external space is considered adequate for occupiers (see above).

Traffic noise was considered under the previous application for change of use to a single dwelling (ref 10/00105/FUL). A condition requiring upgraded glazing treatments was imposed to ensure adequate protection for occupiers. The current proposals are no more onerous in this respect and the same condition is appropriate if planning permission is granted.

It is appropriate to condition sound insulation to the party wall with the attached dwelling at No. 445. This is due to the increased occupation and the general tendency for tenants to spend much time in their own rooms which potentially results in increased activity at upper floor levels with greater potential for noise transfer. The increased activity is not expected to have any significant impact on the external environment which is dominated by traffic noise in Glossop Road.

Highway Issues

The application indicates that 4 parking spaces are available to serve the property. However, the rear yard area is not marked out and appears likely to be used by more than one property. There is a permit parking scheme in operation in the surrounding area and demand for on-street parking resulting from the development can therefore be effectively controlled. The site is easily accessible with high frequency bus routes in Glossop Road. There is scope for cycle parking within the rear yard and this can be conditioned.

In view of the above, the proposals comply with UDP Policies H5(c) and H14(d).

SUMMARY AND RECOMMENDATION

The proposed change of use from former offices/consulting rooms to a shared housing use will strengthen the residential character of the Housing Area. The use is more intensive than the property was originally designed for but there will be no alterations to the external appearance and adequate amenity for residents can be provided. There will be no harm to the character or appearance of the Broomhill Conservation Area and sound insulation will ensure that adjoining occupiers are protected from internal disturbance arising from the more intensive use.

Car parking is available to the rear of the property and there is scope to make provision for cycle parking. Current parking restrictions in the area will control the demand for on street parking.

88 On balance, the proposed density of occupation is considered to be justified in making the efficient use of a vacant property in a sustainable location without harming the residential character of this part of the Broomhill Conservation Area or creating an unacceptable concentration of shared housing uses. In these circumstances, there is no conflict with the stated policies and it is recommended that planning permission is granted subject to conditions.

Case Number 10/00950/RG3

Application Type Application Submitted by the Council

Proposal OPTION (A) Single-storey Children's Centre (as per drawing received 6th April 2010) and ALTERNATIVE OPTION (B) Single-storey Children's Centre located toward the rear of the site (as per amended plan received 14th May 2010)

Location Car Park To Community Hall Gresley Road Sheffield S8 7HH

Date Received 22/03/2010

Team SOUTH

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the development is commenced 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 development commences the design, location and specifications of all external light fittings shall be 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.

90 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.

5 The soft landscaped areas shall be managed and maintained for a period of 5 years from the date of implementation and any plant failures within that period shall be replaced to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

6 The Local Planning Authority shall be notified when the landscape works are completed.

In the interests of the amenities of the locality.

7 Prior to the commencement of development, details shall be submitted to and approved in writing by the Local Planning Authority of the green roof. The development shall be carried out in full accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority. The submitted information shall include details of the green roof construction and specifications, together with a maintenance schedule and 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. The approved details shall be implemented as part of the construction of the building and maintained in accordance with the approved management schedule unless otherwise approved in writing by the Local Planning Authority.

In the interests of biodiversity.

8 The Local Planning Authority shall be notified upon completion of the green roof.

In the interests of biodiversity.

9 The development shall not be used unless the car parking accommodation for eighteen 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.

91 10 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 building shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

11 A grit bin shall be provided at the foot of the ramp leading to the rear parking area at all times.

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

12 The building shall not be used unless suitable access and facilities for people with disabilities, both to and within the building and also within the curtilage of the site, have been provided but, before such access and facilities are provided, full details thereof shall have been submitted to and approved in writing by the Local Planning Authority. When the access and facilities have been provided, thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practise BS8300).

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

13 The development shall not be begun until the provision of a Multi-Use Games Area within Greenhill Park has 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 works will be carried out within an agreed time schedule.

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

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

Drawing No's LL (9) 01 (Received 06/04/2010), ED 02988-SK03, ED 02988 SK04

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

92 Attention is drawn to the following justifications:

H14 - Conditions on Development in Housing Areas CF2 - Keeping Community Facilities CS47 - Safeguarding Open Space

The proposed building is considered to be acceptable in design terms, having a positive impact upon the character of the area. The building itself would not harm the amenities of neighbouring occupiers, and the nature of its use is considered to be acceptable in terms of the likely impact on neighbouring residents from noise and activity associated with it.

The proposal would be considered to provide a sufficient amount of off- street parking to accommodate the level of parking generated by the development and the existing youth club and meeting hall. On approximately a monthly basis a meeting at the meeting hall is held where the proposed car park numbers would not be sufficient. This overspill would not be expected to have a harmful impact upon highway safety and therefore the proposal is considered to be acceptable in this regard.

Attention is drawn to the following directives:

93 Site Location

INTRODUCTION

Members will recall that this application was dealt with by the previous Planning Board on 10 May 2010. The item was deferred to allow a Members site visit to take place.

The below report largely incorporates the previously submitted report, but does feature a summary of additional representations covered within the supplementary report on 10 May 2010, some additional assessment of the highway implications of the proposed scheme following comments made at the previous board meeting and comments upon replacement games area facilities within the park.

Additionally, an alternative layout drawing (referred to as OPTION B within the Amended Description) has been submitted, showing the building sited toward the rear of the site with the car parking provisions set toward the front of the site. Neighbours and relevant interested parties have been notified of the alternative layout drawing and have been provided with the opportunity to make additional comments prior to the next Board meeting.

The implications of the ‘Option B’ layout will be assessed within a supplementary report made available prior to the Board meeting on 1 June 2010. This supplementary report will be circulated to Board members prior to the meeting. Further to this details of any additional representations received prior to the Board meeting will be summarised as part of the supplementary report provided on the day of the board meeting.

96 LOCATION AND PROPOSAL

The application site is located to the north and east of a section of Gresley Road toward the entrance to Greenhill Park. The site currently incorporates a Youth Centre, a Community Hall and a basketball/hardsurfaced play area.

The application seeks full planning permission to build a detached single-storey building which would be a Children’s Centre in a building of approximately 200 sq metres floorspace. This would occupy the existing car park between the two existing buildings, and would feature car parking provision taking up the basketball court area.

RELEVANT PLANNING HISTORY

There is no record of any planning history relating to the application site.

SUMMARY OF REPRESENTATIONS

Following the neighbouring notification undertaken originally a representation was received from the Committee of the Greenhill / Bradway Tenants and Residents Association. The comments also form the base for a petition including a total of 108 signatures. The comments made within the representation can be summarised as follows:

- A Children’s Centre is supported as provision is extremely low currently. - An entrance direct onto Gresley Road is not appropriate. It is a single- track road, and the distance between the proposed building and existing homes breaks planning rules for the estate. - Relocation of building to the poorly maintained but frequently used basketball (not tennis) court will ensure planning rules are maintained. - Relocation will also increase spacing to the Greenhill/Bradway Tenants Hall and the proposed building. - Maintenance of the spacing is essential to preserve the rural aspect. - Incorrect to assume that cars will not be used to bring children to Centre. Parents’ cars will cause problems for local residents, delivery and emergency vehicles. Re-orientation of building toward the existing Tenants Hall car park will mean cars are off the road. This will allow staff to use cars. This would also allow the size of the car park to be increased, and to relocate the position of the access. - By allowing a view of the countryside from the proposed Children’s Centre prevents views of countryside from the Tenants Hall. Views from neighbouring dwellings may be limited but they are preferential to a modern building, which does not fit in with the style of the estate. Suggested relocation would address these concerns. - Concern regarding loss of the basketball court. Questioned whether the council will provide a new basketball court in the Park for example. The removal of the facility will be felt within the community. - The state of the existing buildings does not justify the current proposal, but would lend support to comprehensive redevelopment at the site. A

97 new building could include all modern concepts such as sustainability, versatility, economy.

Also representations have been received from Cllr Skelton and Cllr Clement-Jones. These can be summarised individually:

Cllr Skelton comments;-

- Position of proposed building is inappropriate due to proximity to the entrance to the Tenants Meeting Hall car park. - Positioning toward the rear of the site would be more appropriate, perhaps at the basketball court area. This would allow flexibility and a possible increase at the site. - Proposed siting would detract from the view from the Tenants Hall.

Cllr Skelton expressed concern that he was informed by a member of the TARA who were not consulted at an early stage. Local community have also not been properly considered. - Would like to see the re-instatement of a basketball court in the park at completion of the project.

Cllr Clement-Jones comments; -

- Believed that a Children’s Centre could be built on the site. However, the positioning and parking is poorly laid out, will impact heavily on local residents, including immediate neighbours and those living close by. - Concern regarding the loss of a local amenity (the basketball court) with no indication that it will be replaced either near to the site or anywhere else in the local area.

PLANNING ASSESSMENT

Land Use Policy

The application site is located within a Housing Area under the provisions of the UDP. Policy H10 states that community facilities and institutions (Class D1) uses would be acceptable subject to the provisions of Policy H14.

Therefore, the principle of the scheme is considered to be acceptable in regards to this UDP Policy.

Sustainability Issues

The proposed development is below 500 sq metres in its floor provision, and is therefore not subject to the requirements of Core Strategy Policies CS 64 and CS 65.

Notwithstanding this, the building is proposed to be provided with a Green Roof. The advantages of such a roof type in sustainability terms are numerous and

98 therefore this element of the scheme would ensure that the development complies with Policy CS63 which promotes sustainable development.

Community Facility and Open Space Issues

The proposal would involve the loss of the existing hardsurfaced basketball/play area, which would be replaced by parking spaces and outdoor hardsurfaced play area for the children’s centre.

UDP Policy CF2 states that development which results in the loss of community facilities will be permitted if the loss is unavoidable and equivalent facilities are provided in the same area. The proposal does not result in the loss of a community facility, and therefore the proposal would not be contrary to this policy. However, it would lessen the range of activities which could be provided by the Youth Club as a community facility.

The hardsurfaced basketball / play area is understood to be mostly used by the junior and senior youth clubs which each take place once per week in the youth club building. The hardsurfaced area is available for use for basketball, football and tennis (a net is stored indoors) on an informal basis when those attending the clubs wish to do so. This space is immediately adjacent to the youth club building. An advantage it offers is its hard-surfacing, enabling use during wet periods when the park would not lend itself to use by the youth club members.

Whilst the proposal does not lead to the entire loss of the facility, it would result in a reduction of the options available to those using the youth club community facility.

However, the proposed children’s centre would form an important community facility. The centre would include 64 part-time early learning places. There is a significant shortage of this provision in the Lowedges area, currently standing at 66 part time places which is increasing due to a rising birth rate in the area. In addition a small private sector nursery within Greenhill has recently closed. The Local Authority has a statutory duty under the Childcare Act 2006 to promote good outcomes for all children in their early years and to ensure that a free early learning place is available for very eligible child. The current significant shortage means that the authority’s ability to meet its duties is being affected. The proposed site is within easy walking distance of the existing primary school, linkages to which are an important criteria within site selection.

Funding is available to address these shortfalls, and this has to be spent by March 2011. Whilst this is not itself a planning consideration, it is relevant to site selection. The application site was one of two possible sites within Lowedges, with the other being the expansion at Lowedges Primary School. Selection of this option was ruled out due to time constraints and site constraints around the specific accommodation for the Early Years Foundation Stage, meaning that no provision could be made for an Outreach base. The site constraints and Lowedges Primary School’s inability to incorporate an outreach centre resulted in the Gresley Road site being the only viable option.

99 Overall, it is considered that the proposed Centre would provide significant benefit to the local community in terms of extra educational services at a particularly important phase of a child’s development. The Outreach element would also be met, which would be of substantial benefit to the local population. On balance it is therefore considered that the reduction in the range of options available to the youth club is outweighed by the benefits to the community which would arise from the proposed Children’s Centre. It is therefore considered that the proposal would be satisfactory in relation to UDP Policy CF2.

Core Strategy Policy CS 47 covers the Safeguarding of Open Space and states, amongst other things, that development of open space would not be allowed where the space is well valued or well used by the local community. As covered above the hard-surfaced area is not used consistently by the youth club/s. As such it can be concluded to be only modestly valued by the local community, although it is acknowledged that informal use by others on a casual basis can occur.

In general terms the local area doesn’t suffer from an overall shortage of open space, and the level of formal open space exceeds the recommended minimum of provision. It is also of significance that the application site is immediately next to Greenhill Park where equivalent open space provisions are available. Whilst no hard-surfaced provision is available in the park it obviously affords numerous opportunities for outdoor recreation, within very close proximity to the youth club building. On the basis of these conclusions it is considered that the proposal does not conflict with Core Strategy Policy CS 47.

Notwithstanding these comments it is noted that Officers of the Early Years Education and Childcare Service (EYECS) have confirmed funding has been identified to secure the replacement of the existing tennis/basketball facility by a multi-use games area within the park. This would be a jointly funded scheme from Children’s Centre capital funding and the Youth strategy capital funding.

Further consultation would be necessary to further clarify feasibility, to identify siting for the facility and to agree management arrangements through a multi- agency approach. Confirmation has been provided by from Parks and Countryside officers that they agree in principle to investigate the replacement of the facility with a MUGA in Greenhill Park, subject to a long-term sustainable maintenance agreement and the support of relevant stake holders.

In order to secure this provision, a condition requiring the construction of a games area in Greenhill Park within an agreed time schedule can be imposed upon any consent granted. This will provide appropriate compensation for the removal of the tennis/basketball facility, and therefore the requirements of UDP policy CF2 and Core Strategy policy CS 47 would be fully met.

Design Issues

Policy H14 states, amongst other things, that in Housing Areas new buildings should be well designed and in scale and character with neighbouring buildings.

100 Additionally, Policy BE5 of the UDP also requires new buildings to complement the scale, form and architectural style of surrounding buildings.

The site currently features two buildings, which are of little merit in visual terms. The proposed building would be single storey in height, and would be clad in random coursed dry stone walling. The proposed windows would be aluminium to provide a contrast to the rough texture of the stone. It would sit relatively close to the back of the footpath in order to allow the building to have a strong degree of presence within the street, and to make a positive contribution to the street scene.

The nearby residential accommodation is two storeys in height. The proposed building is one storey in height and this would not be considered to be out of keeping with the scale of neighbouring buildings.

It is considered that it would have a beneficial impact upon the character of the street scene, and to be proportionate to the scale of buildings within the immediate vicinity. On this basis the proposed building would be considered to be acceptable in relation to policy H14(a) and BE5(a).

Neighbour Amenity Issues

Policy H14 also states that in Housing Areas a site should not be over-developed or deprive residents of light and privacy.

The proposed building would be separated by approximately 20metres from the residential dwellings on the opposite side of Gresley Road. At this distance of separation the scale of the proposed building would not have an overbearing impact upon the occupants of these neighbouring occupiers.

The proposed front elevation would include windows to rooms proposed to operate as an office and a multi purpose room, additionally this elevation also features the main entrance and a covered play area. This proposed layout would not be considered to have a compromising impact upon the privacy of occupants of dwellings on the opposite side of Gresley Road. Gresley Road is a public highway used by visitors to the park, both by car and on foot.

The position of the main entrance will naturally become the ‘drop-off’ and ‘collection’ point for children by their parents. The number of children which the Centre is proposed to accommodate would result in substantial numbers of adults within the vicinity of the entrance point. This situation would be generated only a few times during the course of the day for short periods, in school term times only. The distance of separation means that the majority of parents will be approximately 15metres from the frontages of the nearest neighbouring dwellings. As this is not within the immediate vicinity of the dwellings, the awareness of the presence of parents would not be at a level where it would be expected to harm amenities of neighbouring occupiers.

The catchment area for the centre would be very localised, and the large majority of parents would bring children on foot. Therefore, numbers of car movements

101 generated by the proposal would not be expected to reach a point where there would be a harmful impact caused by noise or harmful amenity impact.

Overall, the proposal would be considered to have an acceptable impact upon the amenities of neighbouring occupiers. Therefore, the scheme is considered to be acceptable in relation to the relevant part of UDP policy H14.

Highways Issues

Policy H14 requires development in housing areas to provide safe access to the highway and appropriate off-street parking. The proposed site layout includes a total of eighteen parking spaces, to serve the Children’s Centre, Youth Club and the Community Hall.

The Children’s Centre would employ four full-time equivalent staff members. This would be expected to generate demand for 1-2 parking spaces.

Information has been provided giving details of use of the Youth Club and Community Hall buildings through the course of a week and the associated levels of car parking. The total numbers of car spaces generated would be expected to not exceed 15-16 for the vast majority of the time. Approximately once per month this would be increased to 20-25 spaces, when a meeting takes place at the Community Hall.

On the basis of the submitted information, for the vast majority of the time the proposed parking arrangement would accommodate the cars generated by the development. Any overspill would be infrequent and would not be considered detrimental to highway safety. The road is a cul-de-sac, with a parking area at the entrance to the park located approximately 40metres away. This parking area could serve to accommodate any overspill parking provision on the infrequent occasions when required.

The Centre will serve a very local catchment, and a large proportion of parents would be expected to walk. Any parents arriving by car will park and walk children into the building due to their young age. Any such parking which would occur would not be accommodated within the site, but would be on-street and most likely at the car park adjacent to the Park. This would not be prejudicial to highway safety.

During the previous Board meeting comments were made regarding the standard of the arm of Gresley Road on which the building is proposed. It should be made clear that this portion of Gresley Road is a fully adopted highway, being hard surfaced and approximately 4metres in width. It currently has a footpath at its southern side only, however, a second footpath to the northern side is incorporated as part of the proposed layout/s enhancing this aspect of the highway layout. This arrangement is considered to be capable of accommodating the additional traffic movements which would occur as a result of the proposed children’s centre.

The proposal would be considered to be acceptable in relation to its implications upon highway safety and to satisfy the relevant element of UDP Policy H14.

102

Mobility Issues

Some elements of the layout are not considered to be suitable in access terms. These issues can be covered by a suitably worded condition imposed upon any planning consent.

RESPONSE TO REPRESENTATIONS

No comments received.

SUMMARY AND RECOMMENDATION

The application seeks planning permission for the erection of a Children’s Centre building, within a site currently incorporating a Youth Centre, a hard-surfaced play court and a meeting hall. The application site is located in a Housing Area under the provisions of the Unitary Development Plan.

The scheme proposed under OPTION A would involve the loss of the hardsurfaced area, which is a facility used to a degree by the Youth Clubs. The loss of this area is not itself considered to be contrary to policy, and is considered to be compensated for by the community benefits of the children’s centre and the proximity of Greenhill Park. The children’s centre will form an educational/community facility which is much needed within the locality, and for which no other viable locations exist. Therefore, on balance this element of the assessment is considered to be acceptable, avoiding the loss of a well used or valued open space facility, and providing a necessary educational provision in the locality.

The building proposed within OPTION A is considered to be acceptable in design terms, having a positive impact upon the character of the area. The building itself would not harm the amenities of neighbouring occupiers, and the nature of its use is considered to be acceptable in terms of the likely impact on neighbouring residents from noise and activity associated with it.

The layout proposed under OPTION A would be considered to provide a sufficient amount of off-street parking to accommodate the level of parking generated by the development and the existing youth club and meeting hall. On approximately a monthly basis a meeting at the meeting hall is held where the proposed car park numbers would not be sufficient. This overspill would not be expected to have a harmful impact upon highway safety and therefore the proposal is considered to be acceptable in this regard.

Overall, the proposal is considered to satisfy the provisions of UDP policies H14 and CF2. Additionally, the commitment to provide replacement hardsurfaced play facilities within Greenhill Park would mean that the scheme would satisfy the requirements of Core Strategy Policy CS 47. For this reason the scheme proposed under OPTION A is considered to be acceptable and conditional approval is therefore recommended.

103 A further recommendation relating to OPTION B will be circulated to Members prior to the Board meeting.

104

Case Number 10/00825/FUL

Application Type A Full Planning Application

Proposal Erection of dust screen and use of land for storage of recycled materials (Amended scheme to 08/01576/FUL)

Location A Brocklebank Doctor Lane Sheffield S9 5AP

Date Received 19/03/2010

Team CITY CENTRE AND EAST

Applicant/Agent CS Surveying And Architectural Design Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The dust screen, concrete storage bays, dust suppression system, hard surfacing works and wheel washing facilities shall be implemented within 6 months of the date of this consent unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

2 Stock piles of material shall be stored in the bays identified on the approved plan and limited to 2 metres in height unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

3 The wheel washing facility shall be implemented in accordance with the timescale referred to in condition 1 above and thereafter used for cleaning the wheels and bodies of commercial vehicle to prevent the deposit of mud and waste on the highway. 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. Prior to the wheel washing facilities being provided prominent signage shall be provided near the exit advising drivers to check that the vehicle is clean before leaving the site.

In the interests of the safety of road users and the amenities of the locality.

105 4 The dust suppression system and measures shall be implemented in accordance with the details specified on the approved plans.

In the interests of the amenities of the locality.

5 Within 6 months of the date of this consent the areas identified for parking shall be provided and thereafter permanently retained for these purposes.

In the interests of the amenities of the locality.

6 The areas not earmarked for parking, storage and drainage on the approved plan shall be permanently kept free for the access and turning of vehicles unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

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

To ensure satisfactory drainage arrangements.

8 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.

9 The drainage details submitted as part of the application are not approved. Within one month of the date of this consent amended details of the proposed means of disposal of surface water drainage, including details of any balancing works and off-site works, shall be submitted to the Local Planning Authority for approval. The proposals shall include a timescale for implementing the works. Thereafter the approved scheme of works shall be implemented in accordance with the approved details and timescale.

To ensure satisfactory drainage arrangements.

106 10 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 5 litres per second per hectare. Within 6 months of the dates of this consent written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

11 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.

12 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.

13 The site shall only be used for the storage of material from construction, demolition or excavation works and shall not be used for processing material.

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

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

Drawing numbers CS/0484/2/3 and CS/0484/2/1

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

MU1 - Mixed Use Areas MU7 - Attercliffe Mixed Use Area MU11 - Conditions on Development in Mixed Use Area

107 MW3 - Waste Management MW6 - Recycling and Reclamation CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction

The proposal is clearly contrary to some development plan policies. However significant weight has been given to the noise and dust mitigation measures that will be secured by allowing an extension to the site. The mitigation measures are likely to benefit future occupiers of the adjoining housing site under construction. The primary feature of the amended scheme is the extension of the screen. This will marginally increase the visual impact but will also improve the screening of dust and noise. It is therefore concluded, as with the previous scheme, that on balance, the environmental benefits of the proposal outweigh the policy objections.

Attention is drawn to the following directives:

108 Site Location

109

INTRODUCTION

Members may recall that planning permission was granted by the Board in June 2008 for erection of a dust screen and use of land for storage of recycled materials, planning permission 08/01576/FUL. The application was in part retrospective as the applicant had already commenced using the land for the storage of recycled materials. The main issue was the impact on the Eleanor Street housing site, which is currently under construction and is located on the opposite side of Allende Way. The application incorporated a series of noise and dust mitigation measures, in order to minimise the harm to the amenity of future residents of the housing site. There are also noise attenuation and dust mitigation controls within the permission for the housing development. One of the key measures for mitigating dust and noise is the erection of screen along the site boundary with Allende Way. During the construction of the steel frame for this screen it was discovered that part of it had been built in the wrong place. A section of the screen has been constructed to the north east of its approved position. Whilst this will screen part of the site more effectively than the approved scheme the south western part of the site would not have been screened at all well, and this is where much of the material will be stored. The applicant was asked to stop work on the screen and given the options of demolishing part of the unauthorised screen and implementing the approved permission, or applying to extend the screen to incorporate the unauthorised section already built. The applicant has chosen to extend the scheme so that it includes most of the length previously approved, along with an extended section to the north east part of the Allende Way frontage.

110 LOCATION AND PROPOSAL

The application site is located between Attercliffe and Darnall. It is an elongated site with a long frontage to Allende Way. To the north and north west of the site the area is industrial in character. The applicant already occupies a site used for the recycling of demolition material that is located immediately to the north west. Adjoining this is another waste transfer and scrap yard use. To the south and on the opposite side of Darnall Road there is a large under used industrial site. To the east there is a large housing site under construction with further areas of housing and a junior school beyond.

The applicant has operated a longstanding Waste Transfer Station accessed from Doctor Lane and Allende Way on a strip of land approximately 20 wide by 150m long to the north west of the site. It is used for crushing hardcore and recycling aggregate. It contains an office, weighbridge and vehicle maintenance building. The crushing and screening plant operates towards the Darnall Road end of the site. Under the waste management licence the site is allowed to accept 75,000 tonne of waste per year. The tonnages approved in the licence give rise to an average of 78 vehicle trips per day although this varies substantially from day to day. The main vehicle access to the site is from Allende Way with a secondary access from Doctor Lane. The shape of the site means it inefficient for the applicants operation and there is inadequate storage space.

The application site is approximately 170m long by 20m wide and falls by approximately 4m from the north east to the south west. A 2.4-2.7m high screen wall faced in concrete blocks has been erected along the Allende Way frontage of the site. The applicant is seeking permission to extend his existing materials recycling business onto the site. The application site will only be used for the storage of material whilst the existing site will be used for the processing of material. It will be stored in five bays located adjacent to Allende Way and contained by 3m high concrete walls. The storage will be limited to 2m high. A screen faced in dark grey profiled metal sheeting will be constructed along approximately 110m of the frontage to help prevent dust escaping from hardcore and soil storage areas, (previous screen was approximately 90m long). The screen will be 5m high to eaves level with a mono pitched roof rising to just over 6m. Although it rises to approximately 7.5m in places due to the sloping site. Dust suppression sprays will be provided to the underside of the screen structure. The site has already been surface in impermeable concrete, parking for 8 cars and 4 lorries will be provided at the north east corner of the site, with 9 further lorry parking spaces proposed on the northern part of the original site. Surface water run- off will drain to the Darnall Road end of the site into a reservoir and through a system of silt and oil interceptors. It will pass through a flow restrictor, before entering the public sewer. This will also supply the dust suppression sprays.

To minimise the impact of traffic movements on residential properties the applicant has offered to instruct drivers to turn left out of the site access and only approach the site from the north east. He has also offered to restrict the hours of processing, deliveries and exporting of materials to between the

111 hours of 0700 to 1800 hours Mondays to Saturdays. The applicant has advised that the extension site will allow them to operate more efficiently and will not give rise to an increase in the scale of the operations. He has operated from the site for approximately 50 years and employs 28 staff.

RELEVANT PLANNING HISTORY

See above

SUMMARY OF REPRESENTATIONS

One representation has been received in support of the proposal from resident of Phillimore Road. The neighbour, who occupies part of the new housing scheme states that the proposal will hopefully reduce the amount of noise and dust from the site.

The standard neighbour notification period has expired. However a site notice and newspaper advertisement, required for applications that are contrary to the development plan, was overlooked and not displayed promptly. These do not expire until several days after the Board meeting. Therefore in order not to delay the applicant anymore than necessary, and to meet the 8 week application target, officers are requesting delegated powers to determine the application in accordance with the recommendation, provided no significant objections on planning grounds are received during the site and advertisement notice period.

PLANNING ASSESSMENT

Policy Issues

The application lies in the Attercliffe Mixed Use Area where general industrial uses are unacceptable, policy MU7. Policy MU1 applies to all mixed use areas and seeks to ensure that a variety of land uses will be preserved and no one use becomes dominant. Policy MU11 states that development should not lead to residents suffering unacceptable living conditions due to noise or pollution. It also states that where appropriate an environmental buffer should be provided to shield sensitive uses and development should be well designed and of a scale appropriate to the site.

Waste policy MW3 seeks to encourage recycling of waste materials. Policy MW6 seeks to encourage recycling of waste materials except where it would be incompatible with surrounding land uses.

Planning policy relevant to this proposal has not changed significantly since the previous consent. The amended scheme does not raise any new policy issues that were not considered last time. Core Strategy polices concerned with sustainable design and renewable energy, CS64 and CS 65 do not apply to this proposal.

112 When the scheme was considered previously, it was concluded that the proposal would be contrary to Unitary Development Plan policy MU7 and MU1. However it was judged that the lack of compliance with policy MU1 was not sufficient to justify resisting the proposal given the size of the site and its relationship with existing industrial uses. It was also concluded that the environmental benefits of the proposal outweighed the fact that the proposal is contrary to the development plan policy MU7. The environmental issues associated with the amended scheme are considered in more detail below.

Environmental Impact

The main concern, as with the previous scheme, is the impact of the proposal on the housing scheme under construction on the opposite side of Allende Way. Permission was granted for a development of 148 dwelling houses and 40 flats on a large site bounded by Harding Street, Darnall Road, Eleanor Street and Allende Way, in June 2007. A landscape mound 10m wide and topped by an acoustic fence, has been erected along the Allende Way frontage of the housing site. Its overall height is 5m. Noise attenuation measures are designed into the houses and those nearest Allende Way cannot be constructed until a dust survey shows that the air quality is satisfactory. Most of the houses nearest Allende Way are orientated such that the blank gable ends face towards the application site.

These measures are intended to minimise the environmental impact of the industrial uses to the north west side of Allende Way. A dust survey was carried out whilst the original application was being assessed which revealed unacceptable dust levels on part of the housing site. It was considered that one of the main sources of dust was likely to be the stock piles of fine material that were being stored adjacent to Allende Way on the site of this current proposal. However it should be noted that at that time the application site was unsurfaced and there were no physical boundaries to prevent the escape of dust. Since then the applicant has concreted the site and constructed a 2.4 - 2.7m high screen wall.

The size of the application site and the distribution of activities within the site remain largely as the previous scheme granted planning permission. The main change to the layout is that some of the lorry parking has been moved on to the existing site. The parking has been replaced by the extended screen and storage area on the north eastern part of the application site.

It was a concern with the previous application that increasing the size of the site and allowing it to extend onto land that lies closer to the housing would increase the environmental impact. However it was accepted that the noise and dust mitigation measures included in the application would result in a significant environmental improvement that outweighed these concerns.

The amended scheme retains all the environmental mitigation measures agreed in the original scheme. These are; - The screen to the Allende Way frontage. - Material stored in contained bays with storage limited to 2m high.

113 - 2.4-2.7m wall around the site. - Dust suppression sprays fitted to the front edge of the dust screen. - Hard surfaced site. - Wheel washer and permanent road sweeper on site. - Movement of materials on and off site, movement within the site and processing of materials within both the existing and proposed site limited to 7am to 6pm Mondays to Saturdays. - Applicants own vehicles routed to approach and depart from the site to the north east via the industrial area.

There are no planning controls over the operations of the existing site as it is a long standing use. The screen forms a physical barrier to the escape of dust towards the new housing site. The water sprays will dampen materials and the hard surfacing will throw up less dust. The screen will help to reduce noise from existing operations on the site and from other industrial uses to the north west. The controls on the operating hours and the routing of vehicles should also help to reduce the environmental impact as the existing operation sometimes receive large number of vehicle movement in the night, when motorway contracts are being carried out.

The main change in the amended scheme is that the screen will be extended by 20m to the north east. This should reduce the risk of noise and dust affecting residential properties. In addition to screening activities on the application site, it will be particularly beneficial in screening some of the dust and noise producing activities on other sites further to the north west. It is therefore concluded that the amended scheme will deliver more environmental mitigation than the approved scheme.

The Environment Agency and the Councils Environmental Protection Service have confirmed that they have no objections to the proposals.

Visual Impact

Allende Way is the boundary between a rather scruffy industrial area to the north and west and a major new housing development to the east. The application site is located on the west side of Allende Way and will clearly be viewed as part of this industrial area.

The construction of a 6m high by 110m long screen which will be clearly visible over the site boundary wall and therefore will have a visual impact. It is a functional industrial structure that will be faced in dark grey metal cladding. Its massing has been broken down by dividing the long elevation into five bays and stepping the roof so that if follows the contours of the site. The design is further relieved by introducing a regular rhythm of piers. However there is a limit as to what can be achieved to improve the appearance of the structure. Its appearance is likely to be similar to that of a large industrial workshop. Due to the lack of proper eaves and sides it will be slightly poorer in its visual quality than an industrial building.

114 Extending its length by 20m will mean that the screen has a slightly greater visual impact than the previously approved screen. The design is very similar to the previously approved scheme. It is divided into 5 bays rather than 3 and whilst the overall length is longer, the bays are shorter. Given the slope of the site the shorter bays help to keep the overall projection above the boundary wall down. Consequently that the revised scheme projects slightly less above the boundary wall than the approved scheme. Overall the visual impact will be similar.

The area is already characterised by poorer quality industrial buildings, elevated recycling processing plant, open storage and functional screen boundary walls. The residential development to the east will lift the appearance of the area. Given the function of the structure it is considered that the applicants have done all that can reasonably be expected to improve its design and it is judged that it will not appear out of character with the area. Whilst it will not be visually pleasing in itself, it will help to screen some of the elevated plant on an adjoining site. It is therefore concluded that the overall visual impact will be neutral. It will be visible from both Allende Way and Darnall Road but will be viewed in the context of other similar industrial structures. Due to the orientation of the houses and the provision of the landscaped buffer/noise barrier it will not impinge excessively on the adjacent housing development.

Access Issues

The access arrangements remain unchanged from the previous scheme. It is not envisaged that the changes to the boundary screen will significantly affect the vehicle movements generated by the proposal.

The primary access to the site is from Allende Way with a secondary access from Doctor Lane, which is a narrow un-made up road. Allende Way is already heavily used by HGVs and it is considered that any increase in vehicle movements associated with the proposal can be satisfactorily accommodated on the road network without the need for improvements.

The site access onto Allende Way is designed such that it can satisfactorily accommodate the large vehicles that visit the site.

Some of the lorry parking has been moved on to the existing site in the amended scheme. This does not raise any significant highway issues.

SUMMARY AND RECOMMENDATION

As with the previous scheme the proposal is clearly contrary to the development plan. However significant weight has been given to the noise and dust mitigation measures that will be secured by allowing an extension to the site. The mitigation measures are likely to benefit future occupiers of the adjoining housing site under construction. The primary feature of the amended scheme is the extension of the screen. This will marginally increase the visual impact but will also improve the screening of dust and noise. It is

115 therefore concluded, as with the previous scheme, that on balance, the environmental benefits of the proposal outweigh the policy objections. It is therefore recommended that members grant delegated powers to The Head of Planning to grant planning consent subject to;

- the applicant entering into a legal agreement to secure the following heads of terms and subject to the proposed conditions. - No significant planning objections being received by the time the newspaper advertisement notice expires on the 11.6.2010.

The heads of terms listed below are considered to meet the statutory requirements for S106 agreements that are to be given weight in determining a planning application. These are, it must be; - Necessary to make the development acceptable in planning terms. - Directly related to the development; and - Fairly and reasonably related in scale and kind to the development.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in below is not concluded before 12 June 2010 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Heads of Terms

The processing, delivering and exporting of material from the site shall only take place between the hours of 0700 -1800 Mondays to Saturdays.

The applicants own HGV to be restricted to access/egress the site by an agreed routing, except in emergencies.

Remedial works to the footpath and access to a point 5 m past the tangent point either side of the access, to be completed within 6 months of the date of this consent.

116

Case Number 10/00790/FULR

Application Type A Full Replacement Planning Application

Proposal Erection of a dwellinghouse and garage (as amended by drawings received on the 14th June 2005) (Application to extend time limit for implementation of permission no. 05/01530/REM)

Location Curtilage Of The Cottage Beverleys Road Sheffield S8 9BR

Date Received 10/03/2010

Team SOUTH

Applicant/Agent Chris Gothard Associates

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, Part 1 (Classes A to H 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.

117 In the interests of the amenities of occupiers of adjoining property, bearing in mind the restricted size of the curtilage.

4 The north facing pane in the projecting bay window serving bedroom 3 as indicated on the submitted plans, shall be non-openable and glazed in obscure glass, such window shall thereafter be retained in obscure glass.

In order to safeguard the privacy and amenity of occupiers of neighbouring properties.

5 Before the development is commenced, the off-street car parking space to serve The Cottage shall have been provided.

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

6 The gradient of vehicular accesses 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.

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

In the interests of the safety of road users.

8 The dwellinghouse shall not be occupied unless the parking areas of the site are constructed of permeable/porous surfacing unless otherwise agreed in writing by the Local Planning Authority. Thereafter the approved permeable/porous surfacing material shall be retained.

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

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

Drawing numbers 1563/02 Rev A and 1563/01 Rev A

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

118 Attention is drawn to the following justifications:

H14 - Conditions on Development in Housing Areas CS63 - Responses to Climate Change CS67 - Flood Risk Management

Within the context of the built environment the dwelling is considered acceptable in terms of scale, form, detail and materials and is therefore satisfactory with regard to SPG Guidelines and Policy H14 of the UDP.

Attention is drawn to the following directives:

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

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

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

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.

119 £85 or £25 if it relates to a condition on a householder application for development.

Site Location

120

LOCATION AND PROPOSAL

The application relates to part of a large rear/side garden that currently forms part of the domestic curtilage of a semi detached dwelling. The site lies within an allocated Housing Area. The plot is currently occupied by lawned garden and vehicular hardstanding. There are no trees on site of public amenity value.

121 The street scene consists of a variety of detached, semi-detached dwellings and three storey flats. Facing and roofing materials vary throughout the street scene. Semi-detached properties feature brick and render frontages whilst certain detached dwellings including those that bracket the site feature stone and/or render fronts.

It is proposed to erect a single detached dwelling on the site with its principal elevation facing Beverleys Road

The dwelling would be modern in appearance with a ridged roof, the ridge of which would run parallel with Beverleys Road. The front elevation would feature a two storey height gable feature and a single dormer in the front roof- plane.

An attached garage would be connected to the north elevation of the house, this being set down in level so as to achieve an appropriate gradient for the driveway and to reduce massing towards The Cottage.

RELEVANT PLANNING HISTORY

Outline permission was granted for this scheme in 2003 (03/00332/OUT)

Approval of reserved matters was granted in 2005 (05/01530/FUL)

SUMMARY OF REPRESENTATIONS

There has been one representation regarding the application.

The proposal would result in overlooking of a neighbouring property. The proposal would spoil the character of the surrounding area.

PLANNING ASSESSMENT

Policy Issues

Policy H14 of the Unitary Development Plan (UDP) states that new development in Housing Areas should be in scale and character with neighbouring dwellings and that the site should not be over developed or deprive residents of light, privacy or security. Any new building should also provide safe access to the highway network and appropriate off-street parking.

In addition, Policies CS63 and CS67 of the Sheffield Development Framework Core Strategy relate to climate change and require all developments to significantly limit surface water run off.

Supplementary Planning Guidance – Designing House Extensions whilst not specifically aimed at new housing contains several relevant guidelines for consideration of this application.

122 Character of the locality

The character of the locality is characterized by detached and semi-detached dwellings set in small to medium sized curtilages. As such it is not considered that the proposal would represent a development that would be out of character with the prevailing grain of the built environment.

Amenity of future occupants

Supplementary Planning Guidance 4 states that a minimum garden size of 50 square metres is desirable for a 2 or more bedroom house.

The rear/side garden size is approximately 110 m2. This satisfies SPG requirements and leaves a balance of amenity space to The Cottage in excess of UDP requirements.

Guideline 4 suggests a minimum separation distance of 10 metres from the rear elevation of the dwelling to the rear boundary. This guideline is in place to ensure both a reasonable outlook from the proposed dwelling and to preserve privacy for neighbouring dwellings and immediate amenity spaces. All windows in the rear elevation of the proposal display a marginal shortfall in respect to this guideline. However, it is considered that an adequate level of outlook is provided for the future occupants.

Amenity of neighbouring properties

In terms of neighbouring privacy the ground floor windows of the proposal do not have any significant potential for overlooking due to the intervening boundary treatment between the proposal and No. 8 Lees House Court. The only first floor window with overlooking potential is to bedroom 3 (the other two windows are to bathrooms) and the previously approved design was amended in order in order to deflect the principal view away from the immediate amenity space around No. 8

Supplementary Guidance guideline 5 indicates that 2-storey structures should not be placed nearer than 12 metres to main aspect ground floor windows in neighbouring dwellings. The design was amended to remove the first floor above the garage and the approved scheme therefore satisfied this requirement with regard to main aspect window in the south elevation of The Cottage.

Guideline 5 also stresses that 2-storey structures should not project beyond a 45º line scribed from the nearest (habitable room) window of a neighbouring dwelling. The proposal does not ‘cut’ any such line.

Supplementary Guidance guideline 6 indicates that primary aspect windows of dwellings should be separated by a distance of 21 metres and this is achieved.

123 Supplementary Guidance guideline 8 states that any proposal should not affect highway safety. It is considered that this design with an attached garage and a front drive measuring 5 metres in length satisfies UDP requirements for 2 off-street parking spaces for a 4-bedroomed dwelling. In line with Condition 4 of the outline permission a single space is to be provided within the curtilage of The Cottage.

The separation distances between the proposed two storey property and neighbouring properties (13.5 metres to The Cottage and 19 metres to No. 8 Lees House Court) is sufficient to prevent any significant overshadowing. In addition No. 8 Lees Hall Court is oriented with main aspect windows in the south elevation and this orientation negates any possibility of significant afternoon overshadowing to internal spaces.

Sustainability

Policy CS67 requires that developments should contribute to reducing surface water run off, in order to minimise flood risk.

It is therefore considered essential to add a further condition to those relating to the previous permission, this requiring the provision of a porous/permeable driveway surface or drainage of such a surface to garden soakaways.

RESPONSE TO REPRESENTATIONS

The matters raised in the objection letter have been dealt with in the main body of the report.

SUMMARY AND RECOMMENDATION

This is an application seeking to renew permission for a single detached dwelling. Within the context of the built environment the dwelling is considered acceptable in terms of scale, form, detail and materials and is therefore satisfactory with regard to SPG guidelines and policy H14 of the UDP.

The proposal is recommended for the granting of planning permission subject to conditions.

124

Case Number 10/00774/FUL

Application Type A Full Planning Application

Proposal Erection of a retail unit (Use Class A1) and alterations to car parking accommodation

Location Parkway Retail Park Cricket Inn Road Sheffield S2 5AU

Date Received 08/03/2010

Team CITY CENTRE AND EAST

Applicant/Agent Savills (L&P) Limited

Recommendation Grant Conditionally

Subject to:

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

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

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

7851-100. 7851-01 Rev C received 8th March 2010 and 7851-03 Rev C received by e-mail dated 13th May 2010.

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

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

In order to ensure an appropriate quality of development.

125 4 The unit shall only be used in accordance with Use Class A1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) with at least 50% of the 955 square metre (total) sales area allocated for convenience shopping to be defined as convenience retailing is the provision of everyday essential items, including food, drinks, newspapers/magazines and confectionery.

To ensure compliance with PPS4.

5 The retail unit hereby approved shall not be used unless the car parking accommodation for the unit as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

6 The retail unit hereby approved shall not be used unless provision has been made within the site for accommodation of delivery/service vehicles in accordance with details to be submitted to and approved in writing prior to the commencement of development. Such details shall include proposed hours of deliveries. 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 accordance with the approved details.

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

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

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

8 Before development commences, further details of surface water disposal shall be submitted to and approved in writing by the Local Planning Authority. These details shall include calculations to demonstrate a reduction in surface water discharge from the site of at least 30% compared to the existing peak flow. In addition, surface water should discharge to the public surface water sewer that is within the current car park rather than the foul sewer. The surface water disposal shall then be implemented in accordance with the approved details and thereafter retained.

To minimise surface water run off from the site and mitigate against the risk of flooding.

126 9 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.

10 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.

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 Prior to the commencement of development, further details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority. Any lighting shall then be implemented in accordance with the approved details and thereafter retained.

In order to ensure an appropriate quality of development.

12 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

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

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas S6 - Conditions on Shop Development BE5 - Building Design and Siting T22 - Private Car Parking in new Development CS34 - District Centres CS39 - Neighbourhood Centres CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS74 - Design Principles Planning Policy Statement 4: Planning For Sustainable Economic Growth

The proposed retail unit does not accord with the provisions of the Unitary Development Plan. However, when assessed in accordance with PPS4 and relevant policies within the Core Strategy, it is determined that there are no sequentially preferable sites and the proposal is unlikely to have a significant impact on existing centres. Moreover, it is located in close proximity to the Manor Estate and could be a facility to serve the everyday needs of residents within the estate. The proposal is not considered to give rise to any undue highway concerns and is of an acceptable design.

128 Attention is drawn to the following directives:

129 Site Location

130

LOCATION AND PROPOSAL

This application relates to a site within the Parkway Central Retail Park. In its entirety, the retail park is bounded to the north by Sheffield Parkway, to the south by Cricket Inn Road, to the west by the Meadowhall Sheffield Supertram line and to the east by Woodbourne Road. It presently provides five double-height single storey retail units for Matalan, Brantano, Home Bargains, Carphone Warehouse and Gala Bingo with provision for 385 car parking spaces in total. Vehicular access to the retail park is provided from both Parkway and Cricket Inn Road, with pedestrian access also achieved from Cricket Inn Road via a ramped walkway. Architecturally, the retail park has a standardised design and appearance comprising buff brick and grey metal clad units.

The surrounding area is relatively mixed in character. To the rear of the site, beyond Cricket Inn Road, it includes a large area of green open space and residential development within the Manor estate. The closest occupied residential properties are situated on Maltravers Place and Wybourn House Road at a distance of more than 50 metres from the boundary of the application site to their rear boundary. It is also relevant to note that Cricket Inn Road is predominantly at a higher level in comparison to the retail park such that there is a retaining wall to the rear of the retail park adjoining Cricket Inn Road. To the north of the retail park, beyond the Parkway, and to the east, commercial and industrial premises predominantly occupy the area.

131 The application site comprises two parts:

(i) The main site boundary extends to an ‘L’ shape and relates to a 0.46 hectare plot adjoining the existing ‘Home Bargains’ store at the rear of the retail park, adjoining the retaining wall with Cricket Inn Road. This part of the site comprises 53 car parking spaces and the Carphone Warehouse store.

(ii) The second part of the site extends to 0.19 hectares and lies to the rear of the Matalan store. It presently comprises their service yard with access from Aston Street.

The application utilises both sites within the retail park and proposes the following:

(i) The construction of a new detached retail unit positioned adjacent to Home Bargains and adjoining the boundary with the retaining wall at the rear of the site. The proposal comprises a single retail unit positioned 8.5 metres from the side elevation of Home Bargains. The unit is rectangular in shape with a 36-metre frontage to the retail park and a 24.5 metre side elevation. It provides 855 square metres of floorspace and is intended for use as general retail within Use Class A1. The application states that it will be constructed in materials to match the existing retail units including buff brickwork and grey metal cladding. The new retail unit will be positioned on an existing area of car parking such that 53 existing spaces will be lost. However, it is proposed to re-organise the existing parking arrangements within the main application site to create 22 new spaces of which 12 are positioned immediately to the east of the Carphone Warehouse and a further 10 within an existing lay-by area, also to the east of the Carphone Warehouse.

(ii) It is proposed to provide a further 28 new staff car parking spaces in the former Matalan service yard.

It is relevant to note that at the time of this application, there is no dedicated occupier for the retail store but the applicant has advised that it will be aimed at convenience store operators.

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

93/01137/FUL: Erection of retail warehouses with garden centre, petrol filling station, leisure unit and provision of car parking. Approved: 18th November 1993

01/01370/OUT: Erection of a fast-food restaurant and retail unit, provision of car parking accommodation and alterations to an existing turning head. Approved: 29th October 2001

This application relates to the Carphone Warehouse unit. The fast food restaurant element was not implemented.

132

02/01862/REM: Erection of a retail unit Approved: 26th July 2002

This application comprises the Reserved Matters submission in relation to the Carphone Warehouse.

05/03758/FUL: Application under Section 73 to vary Condition 7 (limitation of use of the units for food retail) as imposed by application 93/01137/FUL. Approved 13th December 2005

This application was to allow Home Bargains to operate from the retail park.

SUMMARY OF REPRESENTATIONS

The application has been advertised by means of neighbour notification and subsequently, as a Departure from the Unitary Development Plan. No representations have been received.

PLANNING ASSESSMENT

This application proposes the construction of a new retail unit within the Parkway Central Retail Park and the re-organisation of existing parking accommodation to partially replace the car parking lost as a result of the development. The key issues to consider in the determination of this application include the following:

(i) Principle of development – Policy and land use; (ii) Design and scale of development; (iii) Transport and highway issues; (iv) Sustainability.

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

Policy and Land Use

This application must be considered in accordance with relevant local, regional and national planning policy, as set out below.

Within the Sheffield Adopted Unitary Development Plan the application site is designated as a Fringe Industry and Business Area. Policy IB6 of the UDP relates to development in such areas and advises that whilst Business (Use Class B1), General Industry (B2) and Warehousing (B8) uses are preferred, a range of other uses including small shops (A1), food and drink (A3), leisure and recreation (D2) and housing (C3) may also be acceptable. Within Policy IB6, a small shop is defined as having a gross internal floorspace of less than 280 square metres. This application proposes 855 square metres of new retail floorspace and on this basis, the application cannot be considered either

133 a preferred or acceptable use within the Fringe Industry and Business Area and is therefore contrary to Policy IB6. As such, this application represents a departure from the Unitary Development Plan and has been advertised as such.

Policy S6 of the Unitary Development relates to shop developments outside the Central Shopping Area and District Centres and advises that retail development other than within or at the edge of the Central Shopping Area or District Shopping Centres will be permitted where it meets specific criteria principally relating to impact and accessibility and (as relevant to this application) where the development is in a retail park. The impact and accessibility criteria are now included within National Planning Policy Statement 4: Planning for Sustainable Economic Growth, which is assessed below.

Neither Policy IB6 nor Policy S6 has been superseded by the Sheffield Development Framework Core Strategy, which was adopted in March 2009. However, it is still relevant to also consider new policies within the Core Strategy.

Policy CS34 of the Core Strategy relates specifically to District Centres and states that District Centres will be encouraged in fulfilling their role of providing for everyday needs with a range of retail, leisure and community facilities, appropriate in scale and function to the role of the centre. This application does not lie within a District Centre but is located out-of-centre such that it is not consistent with this Policy. However, it is also determined that it does not directly contravene Policy CS34 on the basis that the impact of the proposal on any District Centre must be assessed in accordance with PPS4, which is considered below.

Policy CS39 of the Core Strategy relates to Neighbourhood Centres and states that new development for local shops and community facilities to serve the everyday needs of the community will be encouraged. It states that the facilities of the most viable Neighbourhood Centres in Housing Market Renewal areas will be improved and strengthened and their environments improved. In this case, whilst not directly classified as a Neighbourhood Centre, the application site lies in close proximity to a large residential area within the Manor Estate, which forms part of the Housing Market Renewal area such that the proposed development does provide improved and accessible facilities for residents of the Manor Estate and on this basis, it is not considered to contravene Policy CS39.

As noted above, the most up-to-date national retail policy is set out within PPS4 Planning for Sustainable Economic Growth. The principle objective of PPS4 is to help achieve sustainable economic growth. With specific regard to out of centre retailing, PPS4 states that out-of-centre retail development must be assessed in terms of its impacts and subject to the sequential approach, which seeks to ensure that more central options in the catchment area have been thoroughly assessed before less central sites are considered. This application has been fully assessed against PPS4 as summarised below:

134

Policy EC10 of PPS4 provides advice on determining planning applications for economic development and Policy EC10b requires proposals to be accessible by walking, cycling, public transport and car. In this case, it is determined that the extensive housing area to the south of the store provides a walk-in and cycling catchment area. Moreover, the store is within 400 metres of a bus stop on a high frequency route (Nos. 13 and 14) and is also accessible by Supertram and by car, thus conforming to the requirements of Policy EC10b.

Policy EC10c requires a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area and the way it functions. This is considered further in the design section below but it is broadly concluded that the proposal can achieve a design of an appropriate quality within the context of the site.

Policy EC10d of PPS4 requires any out of centre application to be assessed in terms of the impact on economic and physical regeneration. This includes the impact on deprived areas, social inclusion objectives and local employment. It is determined that this application will provide a positive contribution to social inclusion objectives as it will provide for everyday food retail needs within a deprived area (as defined at PPS4 p8, footnote 11). It will also offer local jobs, although as with any retail proposal, these may be offset by losses in the shops from which it could take trade. However, in broad terms, the proposal is located within an area of deprivation such that a new retail store could contribute to economic and physical regeneration in accordance with Policy EC10.

PPS4 Policy EC14: Planning for Sustainable Economic Growth sets out the need for a sequential approach to development to ensure that all more central options in the catchment area have been thoroughly assessed before less central sites are considered (Policy EC15). As the proposal is an out-of- centre retail development that does not accord with an up to date development plan, the applicant has submitted a Retail Assessment that incorporates the sequential test. The Retail Assessment considers the availability of sites in nearby district centres in a catchment area that consists of the zone in which the site is located in the White Young Green Sheffield Retail Study (2005). It considers sites within Darnall, Manor Top and Spital Hill District Centres and concludes that there are no suitable or viable sites on the grounds that any available sites are typically below 100 square metres, are unviable or there are no available sites. The Council concurs with the assessment submitted that there are no sequentially preferable locations to accommodate the proposed development. It is relevant to note that Officers have considered whether the City Centre should be considered in the sequential approach, as the application site is only 2.5km away. However, taking account of the deprived nature of the area around the proposal, deficiencies of local food retail provision and likely benefits to residents, it is considered that the proposal should be located within that ‘deprived’ area. The proposal is therefore considered acceptable under the sequential approach.

135 Policy EC16 of PPS4 relates to ‘impact assessments’ for retail applications not in a centre and not in accordance with an up to date development plan. EC16.1 requires ‘impact assessments’ for such applications that would be likely to have a significant impact on other centres in terms of investment in centres, town centre vitality / viability, and trade in the wider area. The retail assessment submitted with the application reports that the proposal would ‘claw back’ spending that is leaving the area and not harm existing centres. The latest Sheffield Retail Study prepared by White Young Green for Sheffield City Council (2010) supports this view. Within this latest study, total convenience spending in the defined zone within which the application site is located is £98m. By comparison, turnover in existing shops within this zone is only £26m. The Sheffield Retail Study suggest that most of the spending of residents within this zone presently goes to out-of-centre stores such that if the proposed retail unit draws trade from these stores, the Retail Assessment’s claim that in-centre stores are unlikely to be significantly harmed is likely to be true. For reference, current and proposed investment schemes near the site include: - The potential redevelopment of Darnall centre; - The large Tesco at Spital Hill; - The new Market on the Moor and its associated retail units. - It is considered that as a result of the distance from Darnall to the application site and the greater size of the proposed Darnall development, which seeks to regenerate the District Centre, Darnall is unlikely to be affected by this application. Spital Hill is also considered too large to be affected and the new Market on the Moor is likely to have a significantly greater catchment than will be served by the new proposal so it will also not be seriously affected. It is also determined that the retail units associated with the Market will not depend on convenience retailing for their success. On this basis, it is concluded that the proposal is unlikely to have a significant impact on existing centres.

Thus, although the store is contrary to the UDP Policy IB6, as set out above, it is not deemed contrary to Policy CS34 of the Core Strategy on the basis that it is not considered to impact detrimentally on retailing within any adjoining District Centre as demonstrated by the submitted retail assessment, nor is it considered contrary to Policy CS39 of the Core Strategy as this proposal can serve the needs of the adjoining Manor Estate. In addition, the application has demonstrated that it complies sufficiently with the PPS4 tests of impact and sequential approach in terms of convenience shopping. It is noted that the Retail Assessment assesses convenience shopping rather than comparison shopping on the basis that the application considers it likely to be a unit retailing convenience goods. However, in order to protect the vitality and viability of existing centres, a condition is proposed that at least half of the sales area of the proposal should be allocated to convenience shopping, as defined at PPS4 Annex B. On this basis, the principle of development is considered to be acceptable.

136 Design and scale of Development

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

With regard to the scale of the unit, it is a standard rectangular building with a hipped roof that is similar in form to existing units within the Parkway Retail Park. However, it is noted that the proposed unit is higher than existing units. For example, the adjoining Home Bargains store has an eaves height of 7 metres and a ridge height of 8.4 metres. The proposed unit has an eaves height of 8 metres and a ridge height of 9.2 metres. In the course of the application, the applicant was asked to reduce the height of development to match the adjoining Home Bargains store. However, they have responded to suggest that the height of the building would remain the same as the ground level on the application site is higher than those of the adjacent retail units, so the development would not be attractive to tenants or commercially viable if lowered. Whilst officers do not concur with the view that the height would remain the same, it is considered that the proposed unit will, to some extent, be screened from view from Parkway by the Carphone Warehouse unit. Moreover, it is only one metre higher than the adjacent Home Bargains store such that the increased height is not considered so detrimental to the visual amenity of the surrounding area to warrant refusal of the application. On this basis, the scale of development is considered acceptable.

With regard to design and external appearance, the proposal is also fairly standardised and determined primarily by the context of the Retail Park. The unit is to be constructed in a combination of buff brickwork and micro-rib metal cladding to match the existing units, which is considered appropriate in this instance. In the course of the application, officers have sought to improve the external appearance and sustainability of the unit by seeking to secure further glazing to the rear elevation (to improve the relationship to Cricket Inn Road) and to the side elevation, which faces onto the ramped pedestrian route into the Retail Park from Cricket Inn Road, which will also serve to provide more natural light into the unit. The applicants have responded to advise that they are unwilling to provide further glazing to the rear of the unit because this will not serve to ensure passive surveillance due to the ground level within the unit being approximately 3.5m below the window level and glazing to the rear elevation would also be a security risk for an occupier, resulting in a need for security shutters, which would be detrimental to the visual amenity of the area. However, the revised plan does indicate extensive new glazing to the flank elevation facing the pedestrian route into the Park and the introduction of glazed roof lights to allow natural daylight into the unit. The applicant’s concerns regarding the vulnerability of the rear elevation in relation to the pavement level of Cricket Inn Road is accepted such that the revised plan is

137 considered to represent an acceptable compromise to secure a new retail unit that provides a sufficient level of glazing to the main elevations and is of a design and external appearance that relates appropriately to the retail park context within which it is set. On this basis, and subject to conditions to secure appropriate external materials, the development is considered to comply with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

Transport and Highway Issues

This application proposes to construct a new retail unit on an area that is presently used as a 53-space public car park associated with the retail park, which will be lost as a result of this development. However, it is proposed to re-organise the existing parking arrangements within the main application site to create 22 replacement spaces in close proximity to the new retail unit and adjacent to the Carphone Warehouse unit. A further 28 new staff car parking spaces are also proposed in the former Matalan service yard to create a total of 50 spaces. In addition, legal documents have been submitted to the Council to confirm that there is a ‘Deed of Mutual Easement’ between the application site and the adjacent Gala Bingo, which confirms that the Gala Bingo car parking can be used by customers of the Parkway Central Retail Park. The Deed gives the owners and occupiers of the retail part of the site the right to access and park vehicles on the Gala part of the site for 150 years from 4 March 1994.

The most up-to-date parking standards relevant to this application are set out in the Yorkshire and Humber Regional Spatial Strategy (May 2008). For both food and non-food retail within a regional city such as Sheffield, the RSS sets a threshold above which the standard applies of 1000 square metres. This application proposes a retail floorspace of only 855 square metres, which is therefore below the threshold to which the RSS parking standards are applicable and they are therefore not relevant in this instance.

However, Policy T22 of the UDP is still relevant, which relates to ‘Private Car Parking in New Development’. The supporting text to Policy T22 advises that controlling levels of private parking provision is a means of discouraging peak- hour commuting by car and where public transport is good, levels of private parking within new development can be regulated to discourage peak-hour commuting into this area.

In this case, the applicant has sought to replace 42% of the car parking lost as a result of the proposed retail unit within the application site. A further 53% is proposed within the Matalan service yard with additional provision allowable within the Gala Bingo car park, albeit that the Gala Bingo unit is generally open all day. There are on-going discussions between the Council and the applicant regarding the use of the Matalan servicing area for staff parking, which is presently considered unacceptable and is proposed for removal from the application. As such, the application has presently been assessed without the benefit of the car park within the Matalan service area and consequently an overall reduction of 30 car parking spaces for the retail park.

138 In this regard, the applicant has submitted a full Transport Assessment, which includes a car parking survey undertaken on a Friday and a Saturday in November 2009, which relates to the present use of the retail car park (230 spaces) and also of the Gala Bingo car park (149 spaces). The survey demonstrates that on the Friday, the retail car park was never 100% utilised and only reached a maximum usage of 86% in the early afternoon (circa 3pm). At this time, only 25% of the Gala Bingo car park was utilised such that 111 spaces within the Gala Bingo would have remained available for the use of customers of the Retail Park. On the Saturday, the Retail Park car park achieved 100% occupancy between 14.30 and 15.30 and reached 99% occupancy between 13.30 and 14.30. At this time, the Gala Bingo car park had an occupancy level of between 72% and 85%, equating to between 23 and 27 available spaces for users of the retail park. The Gala Bingo car park only achieved 100% occupancy between 2000 and 2130 on a Friday and between 1900 and 1930 on a Saturday. At these times, the Retail Park car park was approximately 30% utilised. The evidence submitted within the TA clearly suggests a shared car parking capacity between the retail units and the Gala Bingo with their maximum respective peak usage occurring at different periods. Moreover, Officers have also visited the application site on two separate occasions at varying times during the day and on both occasions, there were parking spaces available and no suggestion of an under-provision of car parking. In addition, the site is in very close proximity to the Cricket Inn Road Supertram stop and in this regard, is highly accessible to public transport.

With regard to car parking provision and highway safety, having due regard to the car parking surveys, the proposal to provide 22 replacement spaces within the main application site is considered acceptable as the Council are satisfied that the level of public car parking provided within the main application site, in addition to utilising spare capacity at Gala Bingo, is sufficient to serve the needs of this new retail unit, particularly in light of the site’s proximity to public transport. As noted above, it is presently proposed to omit the use of the Matalan service area for staff car parking from this proposal on the grounds that it is not required and is not considered acceptable on the grounds of highway safety. However, Members will be further updated on this matter at Planning Board.

With regard to servicing, it is anticipated that there is sufficient space within the car park for servicing, details of which will be required by means of a planning condition.

On this basis, the level of parking and provision for servicing vehicles is satisfactory subject to conditions, in accordance with Policy T22 of the Unitary Development Plan.

Accessibility

Policy BE7 of the UDP relates to the design of buildings used by the public and states that in all buildings, which are to be used by the public, provision will be expected to allow people with disabilities safe and easy access to the

139 building and to appropriate parking spaces. It adds that the provision of other facilities for people with disabilities or with young children will be encouraged.

Within the Design and Access Statement submitted with the application, it is demonstrated that the application site can be accessed on foot, by bicycle, by tram, by bus and by car. Within the retail park it is stated that 20 spaces will be designated for the disabled and as parent and child spaces, which are within 20 metres of the main entrance of the retail unit. With specific regard to the retail unit, the application demonstrates that level thresholds will be provided into the building to allow for suitable access in accordance with DDA requirements and, by utilising a change in materials, the entrances will be articulated to contrast with the rest of the scheme, to aid those with visual impairments. This approach is considered acceptable to ensure that the development is sufficiently accessible in accordance with Policy BE7.

Impact upon the Amenity of Neighbouring Residential Occupiers

The proposed retail unit is set within an existing retail park, which lies at a lower level than Cricket Inn Road. Servicing access to the retail park is provided from Parkway. The nearest occupied residential properties are more than 50 metres from the proposed development (to their rear boundary) and the retail park is visually segregated from the residential properties by an area of green space. Moreover, the proposed retail unit will separate these residential areas from main activity within the retail park, which occurs to the front of the retail unit such that the addition of a new retail unit within Parkway Retail Park is not considered to be detrimental to the residential amenity of these nearby occupiers and there is no necessity to unduly restrict opening hours or delivery operations within the Retail Park on that basis.

Sustainability

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

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

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

140 In response to the requirements set out under Policies CS64 and CS65, the applicant has submitted a Renewable and Low Carbon Energy Options Appraisal and Recommendations Document (dated February 2010), which acknowledges that the operator of the building is currently undecided but the building has been assessed based upon the current design. The document considers the current Building Regulations energy baseline for a deep plan retail unit, the improved energy efficiency baseline through measures such as lighting, heating, ventilation and air conditioning and energy and carbon savings and renewable options.

The Document states that the developer intends to deliver a unit that will achieve the BREEAM ‘Very Good’ standard, which will accord with the requirements of Policy CS64 and will be secured by means of a planning condition.

With regard to Policy CS65, the applicant considers a range of renewable energy options. This includes the Sheffield Heat Network, which is not achievable in this instance because of the distance required to connect into the system. It also considers ground source heat pumps, photovoltaics, a wind turbine and an air source heat pump, which are all possible on this site. In conclusion, the Document confirms that the building should be capable of achieving the required energy saving targets set out in Policy CS65, which will also be secured by means of a planning condition.

On this basis, the proposed development is considered to comply with the sustainability objectives set out in the Core Strategy and is therefore considered acceptable in principle.

Flood Risk

The application site lies within Flood Zone 1 such that it is at a low risk of flooding. However, flood risk management remains important and in this regard, Policy CS67 of the Sheffield Core Strategy states that the extent and impact of flooding will be reduced by a range of means, including (a) requiring that all developments significantly limit surface water run-off and (b) requiring the use of Sustainable Drainage Systems or sustainable drainage techniques on all sites where feasible and practicable. The supporting text to Policy CS67 states that surface water must be reduced to 5 litres per second per hectare on all sites over 1 hectare, except on Brownfield sites (as in this case) where the developer can prove that there is existing surface water run-off. On such sites, run-off must be reduced by 30%, which is applicable to this site.

To accord with Policy CS67, a condition is therefore proposed to ensure that surface water discharge from the site is subject to a reduction of at least 30% compared to the existing peak flow.

SUMMARY AND RECOMMENDATION

This application proposes the construction of a new retail unit to provide 855 square metres of floorspace within Use Class A1. The unit presently has no

141 dedicated occupier but the applicant has advised that it will be aimed at convenience store operators. The application site is presently used for car parking with accommodation for 53 vehicles, which will be lost as a result of this development. As part of this application, 22 replacement spaces are proposed within the main application site with a further 28 staff spaces proposed within the Matalan service yard although these latter spaces have presently been deemed unsuitable by the Council’s Highways Officer on the grounds of vehicular conflict. It is therefore anticipated that the proposal will result in the loss of 31 spaces within the retail park. To compensate, the applicant has provided evidence to confirm the shared use of the parking associated with the Gala Bingo hall.

The principle of a retail unit within an area designated for Fringe Industry and Business is contrary to Policy IB6 of the UDP on the grounds that only small retail units (less than 280 square metres) are permitted in these areas. As such, the application represents a departure from the Unitary Development Plan and has been advertised as such. However, the proposal is not considered contrary to Policy S6 or National Planning Policy Statement 4: Planning for Sustainable Economic Growth as the application sufficiently demonstrates that there are no sequentially preferable sites and the proposal is unlikely to have a significant impact on existing centres. On this basis, the proposal is considered to accord with guidance set out in PPS4 and is also considered to accord with Policy CS34 of the Core Strategy as it will not contravene the role of any nearby District Centres, and Policy CS39 of the Core Strategy on the basis that it is located in close proximity to the Manor Estate and could be a facility to serve their everyday needs. The principle of development is therefore considered acceptable.

The character of the existing Retail Park principally determines the design of the proposed retail unit. In the course of the application, further glazing has been introduced to the side elevation facing the pedestrian entrance into the Retail Park, to improve the visual appearance of the unit, as well as further roof lights to improve natural lighting into the unit. Following these improvements, the proposal is deemed to represent an acceptable quality of design in accordance with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

Whilst acknowledging that the application will result in an overall loss of 31 car parking spaces within the Retail Park (on the basis that parking within the Matalan service yard is excluded), it is considered that the applicant has sufficiently demonstrated through parking surveys and evidence to confirm the availability of the Gala Bingo car parking to customers of the Retail Park, that there is sufficient parking provision for the retail units, particularly given the high level of accessibility of the application site to the Supertram and bus services. The level of car parking is therefore deemed satisfactory to accord with Policy T22 of the Unitary Development Plan.

With regard to sustainability, the applicant has demonstrated compliance with Policy CS64 and CS65 of the Core Strategy, which will be secured by means of planning conditions and the applicant has also demonstrated that the

142 development is accessible to all in accordance with Policy BE7 of the UDP. It is also determined that the proposed retail unit is a sufficient distance from the nearest residential properties and set within an established retail location that it will not be unduly detrimental to the amenity of any nearby residents.

It is therefore concluded that the proposed development sufficiently accords with relevant planning policy as set out in the report above, and is therefore recommended for approval subject to conditions.

143

Case Number 10/00475/FUL

Application Type A Full Planning Application

Proposal Erection of a dwellinghouse and garage

Location Rear Of 27A Dore Road Sheffield S17 3NA

Date Received 16/02/2010

Team SOUTH

Applicant/Agent County Developments

Recommendation Grant Conditionally

Subject to:

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

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

2 Before any work on site is commenced, the measures to protect the existing trees and hedges to be retained shall be provided as shown on the approved plans and in accordance with a construction methodology statement to have first been submitted to and approved in writing by the Local Planning Authority. The tree protection measures shall be in accordance with BS 5837:2005 (or its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees or hedges 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.

3 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.

144 4 The dwellinghouse shall not be used unless the car parking accommodation and turning space for vehicles shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation and turning space shall be retained for the sole purpose intended.

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

5 Notwithstanding the details shown on the submitted plans, the dwellinghouse and garage shall not be used unless improvements to the existing driveway to facilitate a passing place for vehicles have been carried out in accordance with the details approved under planning permission reference 09/01021/CHU, dated 21st July 2009. Thereafter the passing place shall be retained.

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

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, Part 1 (Classes A, B and E), or any Order revoking or re- enacting that Order, no extensions, roof additions, garages, ancillary curtilage buildings or swimming pools shall be constructed without prior planning permission being obtained from the Local Planning Authority.

To protect existing trees and in the interests of the amenities of occupiers of adjoining property.

7 The parking and turning space within the site shall be constructed using permeable/porous surfacing materials unless otherwise agreed in writing by the Local Planning Authority. Thereafter the approved permeable/porous surfacing material shall be retained.

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

Attention is drawn to the following justifications:

BE5 - Building Design and Siting BE6 - Landscape Design BE17 - Design and Materials in Areas of Special Architectural or Historic Interest BE18 - Development in Areas of Special Character H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas CS26 - Efficient Use of Housing Land and Accessibility

145 CS31 - Housing in the South-West Area CS67 - Flood Risk Management CS74 - Design Principles

Attention is drawn to the following directives:

1. 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.

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 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.

4. This site contains trees, which are protected by Tree Preservation Orders or Conservation Areas. These trees must be retained and protected and the Local Planning Authority may pursue legal action

146 where vegetation is illegally damaged or removed. The Wildlife and Countryside Act may also be a legal consideration in the removal or works to trees, if the trees are providing a habitat to protected species or a nest site to wild birds.

5. The applicant is advised that the carrying out of any works to the existing trees, hedges or shrubs within the site, which are works authorised by this permission will constitute the commencement of work on the development. The unauthorised removal of any tree, hedge or shrub or any other works which threaten their future vigour and quality, may result in breach of condition action. It could also mean that the development is materially different from that which has permission and may be liable to enforcement action and the submission of a new planning application may be required.

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.

147

Site Location

148

LOCATION AND PROPOSAL

No27A is a relatively modern split-level detached dwelling to the rear of No29 Dore Road. The building stands in a large mature garden with several outbuildings and is set some 60 metres back from Dore Road. It is accessed by a private driveway. Part of the garden area has been separated from the dwelling to form the substantial separate plot that is the subject of this application.

149 The site is reasonably level, rising some 800mm towards the rear boundary. Mature trees and hedges screen the site from dwellings adjoining the east and west boundaries in Dore Close and Cavendish Avenue, respectively. A number of trees within the site have previously been removed. The rear boundary adjoins the bridleway in Water Lane with Abbeydale Park Sports Ground beyond. This boundary is well screened by mature trees and hedging. The trees have recently been made the subject of a Tree Preservation Order (TPO).

The application is for a substantial 7 bedroom two storey dwellinghouse with rooms in the roof space and a conservatory. A detached double garage with storage accommodation in the roof space is also proposed. The orientation of the dwelling has been amended during the course of the application and the dwelling is now sited diagonally across the site facing south-east. The garage adjoins the new boundary with 27A and is accessed via the existing driveway which will be extended and shared with 27A.

RELEVANT PLANNING HISTORY

An application for full planning permission for a dwellinghouse and detached double garage was granted in 2004 (ref.04/01862/FUL). A condition attached to the planning permission requires the existing driveway to be widened to 5.5 metres over the initial 6m of its length. The current application is effectively a renewal of the 2004 permission.

Prior to the 2004 application, outline planning permission was granted in February 2001 for a single dwelling on the site (ref.9B/5028P).

Planning permission to demolish No27A and replace it with a larger dwellinghouse was granted in 2006 (ref. 06/01030/FUL). The application incorporated the 5.5m drive widening requirement referred to above. This permission expired in May 2009.

Planning permission for the use of a single storey annexe in the garden of No27A as a private members library (Ark Library Ltd) to be run by the occupants of No27A was granted in July 2009 (ref.09/01021/CHU). The applicant anticipated 10-15 visitors per day. The permission has not yet been implemented and expires in July 2012. In this permission, a passing place for vehicles is required to be provided within the planted area at the side of the driveway adjoining the boundary with No29 Dore Road. This is an alternative to the driveway widening solution agreed in the earlier planning permissions for the new dwellings and will have less visual impact in the mature street scene in Dore Road whilst making adequate provision for vehicles.

SUMMARY OF REPRESENTATIONS

Following notification about the originally submitted scheme, 2 letters were received from local residents.

150 One of the letters sought clarification on elements of the application. Following clarification of the points raised, no representations either for or against the proposals were made. The other letter (from a resident in Dore Close) objected to the proposals. The objections are summarised as:

- overdevelopment – originally proposed one house, now appears to be two (it should be noted that this relates to a second dwelling shown on the site of 27A. This represents the proposal under the expired 2006 permission and is not part of the current application) - existing shared drive is unsatisfactory and limiting for access for heavy equipment and emergency services - houses will overlook Nos 9, 10 and 11 Dore Close due to broken down screen hedging - mature hedging referred to above has been very neglected over 18 years and has deteriorated further due to heavy vehicles clearing the site of trees. Rubbish has been left and boundary is an eyesore - boundary with properties in Dore Close needs tidying up and properly defining by additional planting or fencing – neglect has drastically affected the adjoining properties and has been very costly

Additional consultation was undertaken when the plans were amended. 2 letters of representation from neighbours in Dore Close were received. One letter makes the following points:

- overdevelopment of the area - boundary with Dore Close is in very poor repair and construction traffic will make it an even worse eyesore - well kept boundary of reasonable height is very important for privacy and aesthetic reasons – new dwelling is of significant height – would be more comfortable if boundary treatment in place - will continue disruption from construction works already experienced (site of 19 Dore Road) and will be worse due to narrow access

The other letter requests that there is no question of providing access to the site from Dore Close.

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Area and an Area of Special Character (ASC) as defined in the Unitary Development Plan (UDP). The Housing Area designation is retained in the Sheffield Development Framework (SDF) Preferred Options Proposals Map but no ASC’s are proposed to be retained and there is no proposal to designate the ASC as a new Conservation Area.

Housing (Class C3) is the preferred land use in Housing Areas in accordance with UDP Policy H10 (Development in Housing Areas). The principle of

151 development of the site for a single dwelling has previously been established by the earlier planning permissions and the proposals continue to comply with Policy H10.

Density

SDF Core Strategy Policy CS26 (Efficient Use of Housing Land and Accessibility) indicates that the site should normally be developed at a density of between 30 and 50 units per hectare. However, the policy permits a density outside this range where the development achieves good design, reflects the character of an area or protects a sensitive area.

Core Strategy Policy CS31 (Housing in the South-West Area) gives priority to safeguarding and enhancing the areas of character in the south-west of the City. The policy acknowledges that the scale of new development will be largely defined by what can be accommodated at an appropriate density within the area.

The density of the proposed development equates to approximately 8 units per hectare which falls well below the range given in Policy CS26. However, the restricted vehicular access, character of the area and desire to safeguard mature tree planting in the long term are considered sufficient to justify the significant shortfall and comply with Policies CS26 and CS31.

Design Issues

The proposed dwelling and garage is identical to the previously approved development (04/01862/FUL). The dwelling and garage will have no obvious presence in the public domain although there may be filtered views through the boundary planting from the bridleway in Water Lane. Nevertheless, the dwellinghouse and garage are proposed to be constructed to a traditional two storey design and to a high specification, including natural stone and slate and timber window treatments. The design and appearance is satisfactory in accordance with the relevant elements of the following UDP and Core Strategy Policies:

BE5 (Building Design and Siting) BE17 (Design and Materials in Areas of Special Architectural or Historic Interest) BE18 (Development in Areas of Special Character) H14 (Conditions on Development in Housing Areas) CS74 (Design Principles)

Core Strategy Policy CS67 (Flood Risk Management) requires new development to, amongst other things, significantly limit surface water run-off. On this site, the requirement can be achieved by ensuring that all new surfaces are constructed in permeable materials. This can be conditioned.

152 Residential Amenity

The plans have been amended so that the new dwelling is sited in the same position as approved in 2004. The dwelling is angled at approx 45º to the dwellings adjoining the eastern boundary in Cavendish Avenue. These dwellings are screened by conifer hedging which was originally 3m-6m high but has been reduced to a maximum height of 3.5m. The applicant advises that this work was undertaken by the neighbour in Cavendish Avenue. Although the height of the screen planting has been reduced, the dwelling does not directly face the rear elevations of the adjoining dwellings and minimum separation guidelines are comfortably exceeded.

The blank end elevation of the dwelling faces No 27A. There is a 1.8m high screen fence to the common boundary. There is an approximately 2.5m high hedge to the boundary with Dore Close. The alignment of the driveway permits the screen privet hedge to be retained. Overgrown underplanting has been removed from the base of this hedge as, according to the applicant, it was restricting the hedge and removal will promote healthy growth.

In view of the above, adequate residential amenity is provided/maintained for proposed and adjoining occupiers. The proposals therefore comply with UDP Policy H14(c).

Landscape Issues

A number of trees have previously been removed from the site and, more recently, a tall Pine tree has been felled. A Tree Preservation Order (TPO) has been prepared in respect of the trees to the boundary with Water Lane and one tree close to the entrance to the site. The development is sufficiently separated from these trees to avoid any root disturbance. Measures to protect the trees during construction are indicated on the plans. Adequate tree cover is maintained to give the site a mature appearance and there are opportunities for additional planting. It is appropriate that any additional planting is left to the discretion of the new occupier as there is no need for additional planting in the public interest.

In view of the above, the proposals comply with UDP Policy BE6 (Landscape Design).

Highway Issues

The submitted plans indicate the widening of the existing driveway to allow two-way traffic over the initial 6m of its length and the provision of 1.8m x 1.8m visibility splays. This treatment was indicated in the 2004 application. The application for the private members’ library at No27A (ref 09/01021/CHU), included a passing place for vehicles within the planted area at the side of the driveway. This is a different arrangement to that approved in the previous permissions for dwellinghouses and is different to the proposal shown in this application. It is appropriate that the driveway improvements are consistent with the approved library. The library arrangement will have less visual

153 impact in the street scene as it reduces the amount of widening works required. The library arrangement can be conditioned in lieu of the submitted details in this application. The amendments will do nothing to alleviate noise from vehicles but the separation distance and remaining screening will ensure that adequate residential amenity for No. 29 Dore Road is maintained. It is possible to widen the driveway on the opposite side but this would be likely to affect mature trees, one of which is now covered by the TPO.

There is car parking and turning space within the site and a fire appliance can turn within the existing driveway in front of No. 27A. The level of provision accords with the Council’s current Car Parking Guidelines and complies with UDP Policy H14(d).

SUMMARY AND RECOMMENDATION

The application is effectively a renewal of a 2004 planning permission that expired in September 2009.

The development will have very little impact in the public domain. Nevertheless, the design and appearance of the building remains appropriate within the context of the surrounding area. The building has been re- orientated to reflect the originally approved position. The revised position ensures that main windows do not directly face the rear elevations of any other property and, despite the removal of a tall tree and the reduction in height of a conifer screen hedge, adequate residential amenity is maintained for adjoining occupiers. The proposals provide adequate parking and manoeuvring space for vehicles and necessary improvements to the driveway to allow vehicles to pass can be accommodated without any significant adverse impact in the street scene. Mature trees to the boundaries of the site and within the driveway are adequately protected.

Overall, the proposals satisfy the relevant planning policies quoted and it is recommended that planning permission is granted subject to conditions.

154

Case Number 10/00229/CHU

Application Type Planning Application for Change of Use

Proposal Use of first and second floor of building for Class A3 purposes (Restaurants and Cafes) or A2 (Financial and Professional Services)

Location 37 - 41 The Moor Sheffield S1 4PF

Date Received 27/01/2010

Team CITY CENTRE AND EAST

Applicant/Agent Rees Denton

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above-mentioned purpose only between 0700 hours and 0000 hours on any day.

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

3 Unless otherwise agreed in writing by the Local Planning Authority, before any use is commenced suitable details of internal refuse storage shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

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

4 Before any extraction flue or any associated equipment is installed, the applicant shall have submitted full details of this flue and associated equipment to the Local Planning Authority and gained written approval. These details shall include as appropriate:

155 Fume extract and arrestment plant Filter systems and maintenance schedules Final termination point

The development shall be carried out in accordance with these details thereafter.

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

Attention is drawn to the following justifications:

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

This development has been considered in relation to Policies S3 and S10 within the Sheffield Unitary Development Plan and overall it is considered that the development complies with the relevant policies and proposals, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

Attention is drawn to the following directives:

156 Site Location

LOCATION AND PROPOSAL

157

This application relates to the first and second floor of a unit fronting The Moor. This three storey flat roofed building is set in close proximity to Matilda Street and currently has a retail unit at ground floor.

This application is speculative in nature and the applicant is seeking consent for both A2 (Financial and Professional Services) & A3 purposes (Restaurants and Cafes). The unit is surrounded by a variety of uses that one would associate with a City Centre location.

The building is set within the Central Shopping Area and the Retail Core as defined within the Sheffield Unitary Development Plan (UDP).

PLANNING ASSESSMENT

Land Use

Policy S3: Development in the Central Shopping Area within the UDP states that offices open to the public (Use Class A2) & restaurants (Use Class A3) are preferred uses on the upper floors of buildings within the Retail Core.

The proposal is therefore considered to be in accordance with Policy S3.

Noise and Odour

In relation to the restaurant use, the extraction to the unit will be provided internally with a termination point on the roof, which is considered to be an acceptable solution.

It is also considered that given the lack of residential uses within close proximity to the proposed unit and as the area is already busy with a variety of City Centre uses, residential amenity will not be hampered as a result of the proposal.

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

Access

The proposed unit has a dedicated entrance and includes lift access.

Highways

158

Given the City Centre location the proposed unit will be accessible via a variety of transport modes, and ample parking is available in the area.

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

Refuse

As the unit does not have a rear yard a condition will be attached to ensure suitable internal arrangements are made to deal with refuse storage.

SUMMARY AND RECOMMENDATION

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

The proposal will incorporate internal extraction and as no residential properties are in close proximity to the unit it gives rise to no amenity concerns.

Given the limited scale of the use and the central location the proposal does not give rise to any highway concerns.

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

159

Case Number 10/00210/LBC

Application Type Listed Building Consent Application

Proposal One illuminated fascia signs and one non-illuminated fascia sign (As revised 25.03.2010 and 01.04.2010)

Location 23 - 27 Trippet Lane Sheffield S1 4EL

Date Received 25/01/2010

Team CITY CENTRE AND EAST

Applicant/Agent Anglo Bars Ltd

Recommendation To Report

Subject to:

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

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

2 The development must be carried out in complete accordance with the following approved documents, approved elevations and drawings received 01.04.2010 as amended by email received 1.04.2010 unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas BE13 - Advertisements BE19 - Development affecting Listed Buildings

Overall it is considered that the proposal complies with the relevant provisions of the adopted development plan, and will not have any unacceptable adverse impact upon the environment, or to community or other public interests of acknowledged importance.

160

161 Site Location

For report please see application 10/00208/ADV.

162

Case Number 10/00208/ADV

Application Type Advertisement Consent Application

Proposal One illuminated fascia sign and one non-illuminated fascia sign (As revised 25.03.2010 and 01.04.2010)

Location 23 - 27 Trippet Lane Sheffield S1 4EL

Date Received 25/01/2010

Team CITY CENTRE AND EAST

Applicant/Agent Anglo Bars Ltd

Recommendation To Report

Subject to:

1 The development must be carried out in complete accordance with the following approved documents, approved elevations and drawings received 01.04.2010 as amended by email 01.04.2010 unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following directives:

1. If a voltage exceeding 650 is to be used, the Chief Fire Officer, South Yorkshire Fire and Rescue Service, Wellington Street, Sheffield, S1 3FG should be consulted as to the position of the fireman's switch before the installation is carried out.

163 Site Location

INTRODUCTION

164

Members may recall that these applications were deferred at the Board meeting that took place on 19th April because Members considered that the proposals should be reviewed by the Conservation Advisory Group (CAG).

Unfortunately there was no CAG meeting in April and the applications are therefore on the agenda for the CAG meeting on 25th May. This meeting takes place after the agenda for the Board meeting is published. Members will therefore be advised of CAG’s views in a supplementary report, in order that the determination of the applications is not unduly delayed further.

LOCATION AND PROPOSAL

This commercial unit forms part of the ground floor of Anglo Works, a Grade 2 listed building located at the corner of Holly Street and Trippet Lane. It has a main entrance to Holly Street and a secondary entrance to Trippet Lane through a refurbished historic shopfront. Between the two is an entrance to the student accommodation on the upper floors, and in the 7 storey extension to the building.

The unit is vacant, but is to be used as a bar and restaurant under the existing planning permission. The proposal is to display signs on each street frontage in connection with the new use.

HISTORY

App No’s 06/00412/FUL & 06/00437/LBC: The building was extended and converted to form student accommodation and a drinking establishment in accordance with permission granted 2 May 2006.

App No 07/02950/FUL: Permission was granted 21 January 2008 for use of the ground floor commercial unit as a Virtual Reality Sports Centre (Class A3/A4/D2). The use commenced but ceased after a few months.

REPRESENTATIONS

None.

ASSESSMENT

Land Use

The site lies within a Fringe Industry and Business Area in the Unitary Development Plan. Policy IB6 lists Food and Drink (Class A3) and Housing (Class C3) as acceptable uses.

Size, Design and Siting of Proposed Signs

Policy BE13 permits illuminated advertisements provided they would (i) not be a traffic hazard, and (b) not harm the character or appearance of the area.

165 Where the scale of a development requires it, the design of all signs and advertisements will be co-ordinated.

The site is within the City Centre Conservation Area. Policy BE16 requires development to preserve or enhance the character or appearance of the area.

The buildings are Grade 2 listed. Policy BE19 states that external alterations should preserve the character and appearance of the building and its setting, including original details or features of interest.

The drawings first submitted showed one internally illuminated projecting sign on each side of the street corner, and one internally illuminated fascia sign above each door, making 4 signs in all. These were considered unacceptable, being too large, too bulky, and poorly related to the existing features on the building.

The revised proposal is for a smaller letters-only illuminated fascia sign in stainless steel to Holly Street and a non-illuminated hand painted fascia sign to Trippet Lane. The Holly Street sign consists of individual letters applied to the brickwork, 5mm deep (compared with the existing signs which are 100mm) and mounted 15mm off the face of the building. The letters will be halo-lit from behind using 12 volt LEDs.

The projecting signs have been deleted.

The revised signs comply with officer advice, and are similar to, if not better than, those previously approved. They fit well with the existing features on the building, and are considered acceptable.

CONCLUSION

The revised proposal are considered to be well co-ordinated and in keeping with this important metal trades listed building. Considerable weight has been given to the overall design in order to allow small but appropriate quality signs. Illumination of the Holly Street sign is considered to be discreet, and the hand painted non-illuminated sign to Trippet Lane to be appropriate to the historic shop front. The proposal complies with policies BE13, BE16 and BE19.

RECOMMENDATION

Grant subject to the recommended conditions.

166

Case Number 10/00194/OUT

Application Type Outline Planning Application

Proposal Phased redevelopment of site for a large mixed use scheme comprising student accommodation (Sui Generis), residential accommodation (Use Class C3) and business use (Use Class B1). Associated works include the provision of pedestrian and vehicular access, basement parking and public realm areas (scale, appearance and landscaping reserved) (amended plan (Ref SPAL(3) 130 B) showing additional footprint to Block A received on 7.5.2010)

Location Land Adjacent To Well Meadow Street, Well Meadow Drive, Brownell Street, Daisy Walk, Radford Road, Upper Allen Street And Netherthorpe Road. Sheffield S3 7EY

Date Received 28/01/2010

Team CITY CENTRE AND EAST

Applicant/Agent Signet Planning

Recommendation GRA GC subject to Legal Agreement

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof relating to the corresponding phase have been submitted to the Local Planning Authority and planning approval in respect thereof including details of (a) Appearance, (b) Landscaping and (c) 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.

167 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 for the relevant phase of the development or, in the case of approval on different dates, the final approval of the last such matter to be approved for the relevant phase of the development.

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

4 The details (reserved matters) of the development which are required pursuant to Condition 1 above with regard to scale shall not exceed the maximum heights set ……….. prepared by …………………. (version amended ).

The ……………… accompanying the application indicate the maximum scale of development that the Local Planning Authority considers appropriate for the site.

5 Details of external appearance of the Blocks and scale/massing shall be carried out in substantial accordance with the relevant site briefs and urban design principles set out in the Design Code prepared by (version amended) and within the accompanying illustrative drawings (version amended).

The Design Code and illustrative drawings accompanying the application indicate the form of development that the Local Planning Authority considers appropriate for the site.

6 Before the corresponding phase of the development is commenced samples of all proposed external materials and finishes, including windows, for that phase 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.

7 Sample panels of the proposed masonry and cladding for each phase of the development shall be erected on the site and shall illustrate the colour, texture, bedding and bonding and mortar finish to be used. Each sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the corresponding phase and shall be retained for verification purposes until the completion of such phase.

In order to ensure an appropriate quality of development.

8 Before the commencement of the relevant phase full details including materials, locations and finishes at a minimum scale of 1:20 of the items listed below shall be approved in writing by the Local Planning Authority:

168

a) Windows (including heads, cills & jambs) b) Window reveals (which should be at least 75mm) c) Doors d) Eaves, verges and parapets e) Rainwater gutters, downpipes and external plumbing f) Balustrades g) Balconies h) Fenestration details i) Entrance canopies j) Plinths k) Brickwork detailing l) Safety railings m) External lighting n) Columns o) Soffits p) Plant equipment

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

In order to ensure an appropriate quality of development.

9 Before development commences on the corresponding phase full details of any plant and associated equipment shall have been submitted to and approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

10 For any phase of development, 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 in writing 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 order to ensure an appropriate quality of development.

11 Prior to the commencement of any phase of development, or in accordance with a timescale to be approved in writing by the Local Planning Authority in relation to each phase, a signage strategy shall be submitted to and approved in writing by the Local Planning Authority that establishes design parameters for the style, type, mounting and lighting of advertisements on buildings as well as details of directional signs within the site.

To ensure a satisfactory development that enhances the visual amenity of the locality.

169 12 Before occupation of the relevant phase of development a comprehensive lighting scheme that shows full details of the location, design, luminance and fields of illumination of all external lights within the application site, including those on the exterior of buildings and footways, shall have been submitted to and approved in writing by the Local Planning Authority.

The approved works shall be carried out prior to the building for the corresponding phase being brought into use and no other external lighting installed without the prior approval of the Local Planning Authority.

In the interests of the safety and convenience of users, the amenities of nearby residents and to avoid light pollution.

13 Before any residential phase of the development is commenced, full details including floor plans at a scale of not less than 1:50 for the corresponding phase demonstrating that a minimum of 25% of the residential units (other than student accommodation) meet Mobility Housing Standards (as set out in the Supplementary Planning Guidance 'Mobility Housing') 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 that the development incorporates an appropriate proportion of accommodation that is easily adaptable for use by disabled persons.

14 Before any phase of the development is commenced, full details including floor plans at a scale of not less than 1:50 for the corresponding phase, as relevant, demonstrating that a minimum of 10% of student units are fully accessible and a further 5% are easily adaptable in accordance with British Standard 8300 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 that the development incorporates an appropriate proportion of accommodation that is easily adaptable for use by disabled persons.

15 Before development commences on the corresponding phase full details of the elevators within the public realm, which must include a management and maintenance strategy, shall have been submitted to and approved in writing by the Local Planning Authority.

The development shall be carried out in accordance with these details thereafter and the management and maintenance strategy shall be implemented at all times.

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

16 Diminishing steps should not be included in the public realm designs.

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

17 Before each residential phase of the development is commenced details of the sound attenuation works to be installed as part of the corresponding phase shall first have been submitted to and approved in writing by the Local Planning Authority. Such a 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 suitable alternative ventilation system.

The agreed works shall be in place prior to first occupation and thereafter retained.

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

18 Before the corresponding residential phase is occupied a Validation Test of the sound attenuation works shall have been carried out and the results for the corresponding phase submitted to and approved in writing by the Local Planning Authority. Such Validation Tests shall:

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

b) Demonstrate that the noise requirements identified in the proceeding condition 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 in writing by the Local Planning Authority before the occupation of that phase is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the occupation of the relevant phase and shall thereafter be retained.

171 In the interests of the amenities of the locality and occupiers of the proposed dwellings.

19 Before occupation of any commercial phase a scheme of sound attenuation works capable of achieving Noise Rating Curve NR45 shall have been installed.

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

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

In the interests of the amenities of the locality and occupiers of the proposed commercial buildings.

20 Before any phase of the development is commenced, a Phase II Risk Assessment for the corresponding phase, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority.

The Phase II Intrusive Site Investigation Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004), and PPS23.

In order to ensure that any contamination of the land is properly dealt with.

21 Should remediation be recommended in any of the Phase II Intrusive Site Investigation Reports, development for that phase shall not commence until a Remediation Strategy Report has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23.

In the event that remediation is unable to proceed in accordance with an approved Remediation Strategy for any phase, or unexpected contamination is encountered at any stage of the process, the Local Planning Authority shall be notified immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

172 22 Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy for each phase a Validation Report shall be submitted to the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. The corresponding phase shall not be brought into use until all the validation data has been approved in writing by the Local Planning Authority on completion of the works outlined in the approved Remediation Strategy Report.

In order to ensure that any contamination of the land is properly dealt with.

23 Before development is commenced on the corresponding phase full details of the proposed refuse and recycling storage facilities to be provided 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 that proper provision for refuse is made and to encourage the maximum use of recycling in the interests of protecting the environment.

24 Before the corresponding phase of the development commences details of biodiversity measures to be incorporated into that phase shall have been submitted to and approved in writing by the Local Planning Authority the development shall be carried out in accordance with these details thereafter.

In the interests of biodiversity.

25 No residential phase shall be occupied unless a validation report prepared by an accredited expert in the relevant field has been submitted to and approved in writing by the Local Planning Authority showing that the corresponding phase has achieved Code for Sustainable Homes Level 3.

The measures incorporated to achieve this rating shall thereafter remain in place and operational for the lifetime of the development.

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

173 26 No commercial phase shall be occupied unless a validation report prepared by an accredited expert in the relevant field has been submitted to and approved in writing by the Local Planning Authority showing that the corresponding phase has achieved a BREEAM rating of Very Good.

The measures incorporated to achieve this rating shall thereafter remain in place and operational for the lifetime of the development.

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

27 Unless it can be shown not to be feasible and viable, each commercial phase shall be accompanied by a report which shall be submitted to an approved in writing 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.

b) Further renewable or low carbon energy or the 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 relevant phase is occupied and a post-installation report shall have been submitted to and 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.

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.

28 Unless it can be shown not to be feasible and viable, each residential phase shall be accompanied by a report which shall be submitted to and approved in writing by the Local Planning Authority identifying the strategy for providing a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy.

174

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 relevant phase is occupied and a post-installation report shall have been submitted to and 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.

29 Before the corresponding phase of the development commences full hard and soft landscaping details, which shall include materials, street furniture, tree pit depths, grilles, uplighting, tree maturity and densities and sizes of plants shall have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

In the interests of the amenities of the locality.

30 Before the corresponding phase of the development commences full details of all railings/fences/balustrading and handrails, including locations, shall have been submitted to and approved in writing by the Local Planning Authority for the respective phase, the development shall be carried out in accordance with these details thereafter.

In the interests of the visual amenities of the locality.

31 An ecological/landscape management plan, including long term design objectives, management responsibilities and maintenance schedules, for all hard and soft landscaped areas shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the respective phase of the development. The ecological/landscape management plan shall be carried out as approved thereafter.

In the interests of the amenities of the locality.

175 32 Before each phase of development commences details, including proposals for surface water disposal and calculations to demonstrate how the corresponding phase will achieve a 30% reduction in surface water discharge from the site compared to the existing peak flow, shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details thereafter.

To ensure satisfactory drainage arrangements.

33 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3 (three) metres either side of the centre line of the 4" water mains, which crosses the site.

In order to allow sufficient access for maintenance and repair work at all times.

34 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 6 (six) metres either side of the centre line of the 24" water main, which crosses the site.

In order to allow sufficient access for maintenance and repair work at all times.

35 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3 (three) metres either side of the centre line of the sewer, which crosses the site.

In order to allow sufficient access for maintenance and repair work at all times.

36 Each phase shall be developed with separate systems of drainage for foul and surface water on site and off site where separate systems already exist.

In the interest of satisfactory and sustainable drainage.

37 Before development of the corresponding phase takes place details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with these details thereafter.

To ensure that the development can be properly drained.

176 38 Unless otherwise approved in writing by the Local Planning Authority, there shall be no piped discharge of surface water from the corresponding phase of the development prior to the completion of the approved surface water drainage works and no phase shall be occupied prior to the completion of the approved foul drainage works.

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

39 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge to the public sewer. Roof drainage should not be passed through any interceptor.

In the interest of satisfactory drainage.

40 Before development of Block A commences, 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. Block A 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 purpose intended.

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

41 Before development commences details shall have been submitted to the Local Planning Authority demonstrating that a minimum of 5% of the undercroft parking spaces meet the accessible standard and a further 5% meet the enlarged standard in accordance with British Standard 8300. Thereafter the development shall be carried out in accordance with the approved details.

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

42 The undercroft car parking shall be retained for the enjoyment of occupiers of the site at all times and shall not be sold or let separately.

In the interests of the amenities of the locality and future users of the site.

43 At all times that construction work is being carried out for each phase of the development 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 corresponding phase of 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

177 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.

44 Prior to the commencement of each phase of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority for the corresponding phase.

The Travel Plan shall include as relevant:

a) Clear & unambiguous objectives to influence a lifestyle that will be less dependent upon the private car.

b) A package of measures to encourage and facilitate less car dependent living.

c) A time bound programme of implementation and monitoring in accordance with the City Council’s Monitoring Schedule.

d) The results and findings of the monitoring shall be independently validated to the satisfaction of the Local Planning Authority.

e) The validated results and findings of the monitoring shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

Prior to the occupation of the relevant phase, evidence that all the measures included within the approved Travel Plan have been implemented or are committed shall have been submitted to and 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.

45 Block A shall not be occupied unless the improvements to the North West end of Radford Street to enhance the existing substandard cul- de-sac so that it complies with Sheffield City Council’s specifications as shown within Plan Ref……………. dated……….. have been completed.

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.

46 The corresponding phase(s) of development shall not be occupied until provision for vehicular turning on Brownell Street as shown within Plan Ref………. dated …………….. has been completed.

178 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.

47 Development of the corresponding phase shall not be begun until improvements to the highway as listed below have either;

a) been carried out; or

b) details have been submitted to and approved in writing 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 corresponding phase is brought into use.

Highway Improvements:

Reconstruction of footways adjacent to the corresponding phase to comply with Sheffield City Council Urban Design Compendium.

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.

48 Before development of each phase commences the applicant, their agent or their successor in title shall have secured the implementation of a programme of archaeological work (including building recording) for the corresponding phase in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority. This shall include the submission of a final report detailing the findings.

To ensure that any archaeological remains present, whether standing or buried, are preserved - either by being left in situ or recorded and removed in accordance with an agreed method, before they are damaged or destroyed.

49 Before any phase of the development commences details of secure cycle storage areas in relation to that phase shall have been submitted to and approved in writing by the Local Planning Authority. The agreed details shall be in place prior to the occupation of the relevant phase and once in place they shall thereafter be retained.

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

50 Before each phase of the development commences full details of proposals for the inclusion of public art within that phase 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 respective building.

179 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.

51 Each residential phase of the development shall have no more than 50% of units made up of a single house type.

In order to meet the requirements of Policy CS41 within the Sheffield Development Framework Core Strategy.

52 No more than 100 residential units collectively across all phases of the development shall be occupied as ‘shared housing’.

In order to meet the requirements of Policy CS41 within the Sheffield Development Framework Core Strategy.

53 No phase of residential development shall commence until arrangements satisfactory to the Local Planning Authority for ensuring the provision of a contribution to the City Centre Ambassadors Scheme for the corresponding phase have been submitted to and approved in writing by the Local Planning Authority.

In accordance with the St Vincent’s Action Plan.

54 No phase of residential development shall commence until arrangements satisfactory to the Local Planning Authority for ensuring the provision of a contribution for the corresponding phase towards the enhancement of pedestrian routes in the area have been submitted to and approved in writing by the Local Planning Authority.

In accordance with the St Vincent’s Action Plan.

55 No phase of residential development shall commence until arrangements satisfactory to the Local Planning Authority for ensuring the provision of a contribution for the corresponding phase towards the provision and/or enhancement of open space within the catchment area have been submitted to and approved in writing by the Local Planning Authority.

Provision shall be in accordance with Supplementary Planning Guidance on Open Space Provision in New Housing Development and the City Centre Living Strategy.

In order to meet the requirements within Policy H16 of the Sheffield Unitary Development Plan, the Supplementary Planning Guidance on Open Space Provision in New Housing Development and the City Centre Living Strategy.

180 56 Unless otherwise agreed in writing by the Local Planning Authority any reserved matters application relating to each residential phase of this outline approval shall include a scheme, which shall be agreed in writing by the Local Planning Authority, for the delivery of affordable housing equivalent to between 30% to 40% of the floor space of that phase of the development or an alternative percentage figure determined through a Development Appraisal Viability Process. The resulting affordable housing shall be provided for sale to a Registered Social Landlord at the transfer price for that area at the time the detailed application is determined. This scheme shall include:

a) The type and location of the affordable housing units

b) The timing for the construction of the affordable housing units

If on receipt of such a scheme the Local Planning Authority considers that it is not suitable to provide some/all of the affordable hosing units on-site, an alternative agreement shall be reached for the provision of a financial contribution calculated in accordance with the current policy at that time, which shall be used for the delivery of affordable housing within the city.

In order to comply with Affordable Housing Interim Planning Guidance (updated 2009) and Policy CS40: Affordable Housing within the Sheffield Development Framework Core Strategy.

57 The use of any commercial floor space shall be in accordance with Use Class B1 (Business) Class II (a) (offices not within Use Class A2) of the Town and Country Planning (Uses Classes) (Amendment) Order 2005.

In order to secure the relevant policy requirements to locate such uses in the City Centre.

Attention is drawn to the following justifications:

BE1 - Townscape Design BE5 - Building Design and Siting BE10 - Design of Streets, Pedestrian Routes, Cycleways & Public Spaces BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings H7 - Mobility Housing H16 - Open Space in New Housing Developments

181 IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing & Residential Institutions in Industry & Business Areas CS3 - Locations for Office Development CS4 - Offices in the City Centre CS17 - City Centre Quarters CS24 - Maximising the Use of Previously Developed Land for New Housing CS25 - Priorities for Releasing Land for New Housing CS40 - Affordable Housing CS41 - Creating Mixed Communities CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS74 - Design Principles Sheffield Urban Design Compendium St Vincent’s Action Plan Circular 05/05: Planning Obligations Planning Policy Statement 1

The provision of offices and residential accommodation in this central location is in accordance with the relevant land use policies.

The applicant has provided sufficient information to ensure that this proposal would produce a suitably high quality development in this location respecting its part conservation setting.

Although the site has very difficult levels the scheme provides inclusive access throughout.

The application site is in a highly sustainable central location and the applicant will be incorporating a number of sustainability features into the scheme, which includes ensuring the residential blocks achieve Code for Sustainable Homes Level 3 and non-residential blocks achieve a BREEAM rating of Very Good.

An assessment will be undertaken at the Reserved Matters stage for each residential phase to see what level of affordable housing can be provided in accordance with the relevant policy requirements.

The submitted information has demonstrated that the site could be developed in a way that would ensure the amenities of future users are suitably protected from issues such as noise and land contamination.

The provision of 44 parking spaces for the office accommodation is considered to be acceptable. Given the central location and close proximity to several forms of public transport it is acceptable for the residential accommodation to be car free.

182 Overall therefore it is considered that the development complies with the relevant policies and proposals, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

Attention is drawn to the following directives:

1. The applicant is advised that the agreements referred to in the above conditions relating to:

a) The City Centre Ambassadors Scheme (provision shall be £200 per residential dwelling); b) The provision and/or enhancement of open space; c) The enhancement of pedestrian routes in the area (provision shall be £58 per bed space);

should take the form of Section 106 Agreements.

2. The applicant is advised that the above condition relating to signage strategies does not overcome the requirement to apply for advertisement consent.

3. The applicant is advised that further guidance in relation to the definition of shared housing can be found within Policy CS41 of the Sheffield Development Framework Core Strategy.

4. The applicant is advised that any plant and equipment on the building roofs should be fully integrated into the design of the building. This plant should be set back from the building facades by a minimum of 3 metres.

5. The applicant is advised that all parapets should be set back into the footprint so that they are not visible as part of the elevation, which would add to the height of the block.

6. The applicant is advised that the ground floor (level 1) of Block B2 fronting Netherthorpe Road should be glazed to allow for greater natural surveillance.

7. The applicant is advised that the first floor (level 2) windows of Block B2 fronting Netherthorpe Road should have dropped cills to allow for a greater perception of overlooking.

183 8. The applicant is advised that the four storey element of Block A should have an atrium/glazed link with the main block not less than three metres wide.

9. The applicant is advised that the hard landscaping schemes should incorporate within their design a detail that will identify the historic presence of Daisy Walk and Brownell Street.

10. The applicant is advised that where retaining walls and other features are set in close proximity to residential blocks it may not be suitable to use the internal spaces as residential accommodation.

11. The applicant is advised that the layout of the internal spaces for Block D shown in the indicative plans are not to be taken as acceptable and future work will need to be undertaken to demonstrate that dominance and shadowing issues can be overcome in respect of future residential amenity.

12. As the proposed development may involve the closing/diversion of a highway(s) you are advised to contact the Principal Engineer of Highway Information and Orders, Development Services, Howden House, 1 Union Street, Sheffield, S1 2SH, as soon as possible.

13. As the proposed development will involve the closing/diversion of a footpath(s) you are advised to contact the City Solicitor and Head of Administration, Town Hall, Sheffield, S1 2HH, as soon as possible with a view to the necessary authority being obtained for the closure/diversion of the footpath(s) under Section 257 of the Town and country Planning Act 1990.

14. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

If you require any further information please contact Mr S Turner on Sheffield (0114) 2734383.

15. You are required as part of this development, to carry out works within the public highway: As part of the requirements of the NRSWA 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

184 Howden House 1 Union Street Sheffield S1 Attn 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.

16. You are advised that residential occupiers of the relevant buildings should be informed in writing prior to occupation that:

i) Limited/no car parking provision is available on site for occupiers of the building,

ii) Resident's car parking permits will not be provided by the Council for any person living in the building.

17. The applicant is advised that agreements will have to be entered into with the Highways Adoptions Team from Sheffield City Council to secure/agree:

i) The stopping up of the sections of Brownell Street and Daisy Walk and pedestrian routes from both streets through to Netherthorpe Road required to complete the corresponding phase of the development.

ii) A Section 38 Agreement for the adoption of the relevant sections of the new Brownell Plaza.

18. 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.

185 Site Location

186

187

LOCATION AND PROPOSAL

The applicant is seeking outline consent for the phased development of five buildings and associated works on a site set within the St Vincent’s area of the City Centre. The application site measures 0.72 hectares and stretches from Radford Street in the south to Well Meadow Street in the north. The site is also bounded by Netherthorpe Road to the west and Upper Allen Street to the east. The applicant wishes to agree layout and access at this outline stage and has reserved scale, appearance and landscaping for future approval.

Block A will have frontages onto Netherthorpe Road, Radford Street and Daisy Walk. Block A is to be used as an office (Use Class B1) and is proposed to reach 6/7 storeys. Undercroft parking for 44 vehicles is also proposed within Block A.

Block B1 will have frontages onto Netherthorpe Road, Daisy Walk and Brownell Street. The applicant wishes to retain flexibility of use for Block B1, it could therefore be utilised for office purposes (Use Class B1) or as residential and/or student accommodation. Block B1 is proposed to reach 6 storeys.

Block B2 will have frontages onto Netherthorpe Road, Brownell Street and Well Meadow Drive. Block B2 is to be used for residential and/or student accommodation and is proposed to reach 6 storeys fronting Netherthorpe Road and five storeys fronting Well Meadow Drive (maximum 92.5 AOD).

188 Block C will have frontages onto Upper Allen Street, Well Meadow Drive and Brownell Street. Block C is to be used for residential and/or student accommodation and is proposed to reach four storeys fronting Upper Allen Street and Well Meadow Drive, with an additional storey setback.

Block D will have frontages onto Netherthorpe Road, Well Meadow Drive and Well Meadow Street and adjoins the Grade II Listed 54 Well Meadow Street collection of buildings, which are set to the north. Block D is to be used for residential purposes and will reach three storeys with a pitched roof fronting Well Meadow Street.

The applicant also proposes to integrate new landscaped areas and pedestrian routes within the site, which has a steep down sloping south to north topography.

Overall the applicant is proposing approximately 11,500 square metres of office space (Use Class B1), 85 student bed spaces and 125 residential units of various sizes.

Blocks C & D are located within the Well Meadow Conservation Area and there are several buildings of architectural significance in the vicinity, including the Grade II* Listed Joel's Yard and the Grade II Listed 54 Well Meadow Street. These two sets of listed buildings represent the best and only surviving collection of crucible works within Sheffield's City Centre and are of international importance.

The Ashton’s building which sits on the corner of Upper Allen Street and Well Meadow Drive and the Stephenson Blake building, which sits across Upper Allen Street, are both noted as being significant unlisted buildings within the Sheffield Urban Design Compendium. Atlantic One, which is a large residential development, is set across Radford Street to the south.

The wider St Vincent’s Area has seen a raft of planning applications introduce a significant amount of residential accommodation and complementary uses into the area over recent years.

RELEVANT PLANNING HISTORY

An application for a 99-bedroom hotel with ancillary rooms and parking facilities was considered under planning reference 07/00973/FUL for the section of the site that now houses Blocks B2, C & D. This application was withdrawn on 29.06.2007.

Two applications to erect separate sections of a building ranging from 1 to 6 storeys for use as a hotel with associated facilities were considered under planning references 07/04871/FUL & 07/04889/FUL for the section for the site that now houses Blocks B2, C & D. These applications were withdrawn on 10 March 2008.

189 SUMMARY OF REPRESENTATIONS

English Heritage

The application site occupies a considerable footprint in the Conservation Area and is adjacent to the Well Meadow Street cluster of Grade II & Grade II* Listed Buildings. English Heritage are concerned that in its current form the proposal’s impact will be harmful and has the potential to damage the setting of the listed buildings and harm the conservation area generally.

In relation to Block D, which adjoins the listed buildings, English Heritage have expressed disappointment that, from the detail submitted in this outline application, the elevations lack the domestic scale and vernacular detail which English Heritage consider the location demands.

In relation to the wider site English Heritage remain concerned that the height and mass of the blocks will change the character of the conservation area in a harmful manner.

Sheffield Sustainable Development & Design Panel

The scheme was presented to the Panel at the pre-application stage on 29 October 2009 and again during the formal application process on on 15 April 2010. The most recent comments were as follows.

Whilst the outline nature of the permission was noted the Panel stated that the proposals needed to be refined to a level that would provide a sufficient level of comfort to the city.

The Panel welcomed the reduction in scale adjacent to the Conservation Area but remained concerned that the distribution of the massing was too overwhelming close to the conservation area and did not successfully respond to the distinctive grain prevalent in the surrounding area.

The Panel restated concerns expressed previously in relation to the linking of the blocks along Netherthorpe Road, which creates an unremitting wall of development at upper levels along this boundary.

The Panel welcomed the relocation of the office element to the top of the site (this was not the case when the scheme was presented at pre-application), which appeared to be a more logical response; enabling residential uses to be arranged adjacent to the Conservation Area.

The Panel considered that there was merit in tackling the site on a block by block basis, which would assist in delivering a stronger, more contextual approach to the definition of streets. The Panel considered that this could be achieved through revisiting the depth of the blocks to make them broader with atriums and reducing the height.

190 The Panel considered that the intention to create a series of public spaces and piazzas was supported, but the Panel had strong misgivings about how attractive, safe and welcoming they will prove to be, given their scale, the proposed uses around the edge and the scale of development surrounding them.

Conservation Advisory Group

Although the revised scheme was an improvement on the earlier versions, the Group felt that the developer’s approach in applying for outline consent was hazardous, in that it would be impossible to ascertain the impact of the proposal on its setting and in particular in relation to the listed buildings without all details of design.

The Group considered that there was no objection, in principle, to development of the site, but the Group had no confidence that outline planning consent, with a design code, would serve to preserve and enhance the setting of the adjacent listed buildings. Such drawings as the developer had submitted did not encourage the Group to think that the scale and detailing of the proposed new buildings would be a satisfactory solution for the development of this important and sensitive site. The Group also felt that the design required more permeability through the site.

South Yorkshire Passenger Transport Executive (SYPTE)

The proposed development is located close to the existing public transport network in a central location increasing the accessibility to the surrounding network and services.

Two representations have been received by members of the public.

The first representation states that owing to the scale of Block A views from the neighbouring Atlantic One would be blocked, which would not be fair as existing residents could also not see anything from their balconies. There should be more space between the two buildings or communal gardens.

The second representation states that any development that will have a positive impact to the surrounding appearance will be well received. The road connections in the area are very poor and require attention.

PUBLIC CONSULTATION

The applicant has undertaken the following public consultation exercises.

Exhibition boards have been displayed at the Zest Centre, which is a local community development trust working to promote regeneration in the local area. This exhibition has been in place since 11 January 2010 and will remain until the determination of this application.

191 A public exhibition was held at the Edward Street and St Georges TARA Community Centre on 14 January 2010 between 3pm & 6.30pm, which was attended by representatives of the applicant. Four residents came to view the proposals and two provided written comments. One respondent expressed support for the proposal but did suggest the area should have more shops. The second respondent stated that they were undecided about the proposals.

PLANNING ASSESSMENT

Reason for Outline Application

It is not common practice for the Local Planning Authority to consider it appropriate to deal with an Outline application for development affecting the setting of listed buildings, or development in conservation areas. However, the developer made representations that in the current economic climate the risks involved in preparing a detailed application for such a large site could not be justified.

Officers considered that given the difficult economic climate, an Outline application would be the most likely way to secure regeneration on this large site, which is blighting the area. As something of a failsafe it was agreed that this application would be accompanied with a certain level of detailed information, particularly for the blocks in the conservation area, as well as a detailed Design Code to inform the future direction of the scheme at the Reserved Matters stage.

Land Use

The application site lies within a General Industry Area as defined within the Sheffield Unitary Development Plan (UDP). Policy IB5: Development in General Industry Areas identifies Housing as an unacceptable use. This application has therefore been advertised as being contrary to the adopted development plan.

St. Vincent’s Action Plan (SVAP)

The City Council has produced the St Vincent’s Action Plan (SVAP), which was approved by Cabinet in December 2004, with the purpose of identifying a concise route for regeneration of the area. As a result of its adoption the SVAP now takes precedent over the UDP in respect of defining acceptable land uses in the action plan area.

Two new Housing Opportunity Areas are identified within the St. Vincent’s Quarter and the majority of the application site is included within one of these areas. The exception is Block A which is set within an Existing Housing Area.

The SVAP identifies Housing, including student accommodation, and Business (Use Class B1) as acceptable uses in these areas.

192 Policy CS3: Locations for Office Development within the Sheffield Development Framework Core Strategy (CS) identifies the City Centre as the priority area for office development.

Policy CS4: Offices in the City Centre within the CS states that a significant amount of office floor space will be located throughout the City Centre as part of mixed schemes, together with housing where appropriate.

Policy CS17: City Centre Quarters within the CS identifies St Vincent’s as an area that would promote a mix of business, residential and educational uses.

Policy CS24: Maximising the Use of Previously Developed Land for New Housing within the CS places an emphasis on developing Brownfield sites, with a target of 88%.

Policy CS25: Priorities for Releasing Land for New Housing within the CS prioritises housing development in the City Centre, where it would involve mixed use development that would support economic regeneration.

It is considered that the provision of this mixed use scheme of housing, student accommodation and office space on this Brownfield site in the City Centre is consistent with the land use policies outlined above.

Housing Density

Policy CS26: Efficient Use of Housing Land and Accessibility within the CS requires appropriate housing densities to ensure the efficient use of land. The recommended density for City Centre sites is at least 70 dwellings per hectare. Although final residential numbers will only be confirmed at Reserved Matters, it is anticipated that the density of this development will be around 200 dwellings per hectare, which complies with Policy CS26.

House Type Mix

Policy CS41: Creating Mixed Communities within the CS promotes development which meets a range of needs and does not lead to concentrations of certain forms of residential development. CS41 has several requirements that are relevant to this scheme:

Section a) within CS41 states that housing should provide for a broad range of smaller households in the City Centre with no more than half of new homes in larger developments (60 or more dwellings) consisting of a single house type.

Section c) within CS41 encourages the provision of new purpose built student accommodation as part of a mix of housing development.

Section d) within CS41 seeks to ensure an area is not imbalanced by the overprovision of shared housing, which includes student accommodation. Section d) is partly achieved by ensuring that no more than 20% of residential

193 units within 200 metres of any residential application site are occupied for shared housing.

It is considered that although the development is to be delivered in phases, the scheme must be viewed holistically in relation to the requirements of CS41.

In relation to section a) within CS41 suitable conditions will be attached to any consent to ensure that one house type will not occupy more than 50% of any residential block.

In relation to section c) the scheme will provide new student accommodation as part of a mix of housing development.

In relation to section d) a recent analysis has demonstrated that the applicant could provide an additional 100 student cluster flats on the site before the concentration of shared housing in the vicinity would exceed 20%.

In principle therefore, the mix of house types within the development could comply with Policy CS41.

Design

Policy BE1 of the Sheffield Unitary Development Plan (UDP) states that a high quality townscape will be promoted with a positive approach to conservation and a high standard of new design.

Policy BE5 of the UDP states that original architecture will be encouraged, but that new buildings should complement the scale, form and architectural style of surrounding buildings.

Policy BE16: Development in Conservation Areas states that in conservation areas permission will only be given for proposals which contain sufficient information to enable their impact on the area to be judged acceptable. BE16 also states that new development should preserve or enhance the character of the conservation area.

Policy BE17: Design and Materials in Areas of Special Architectural or Historic Interest, which states that in conservation areas a high standard of design using traditional materials and a sensitive and flexible approach to layouts of buildings will be expected.

Policy BE19: Development Affecting Listed Buildings states that proposals affecting the setting of a listed building will be expected to preserve the character and appearance of the building and its setting.

Policy CS 74: Design Principles within the CS 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 neighborhoods.

194 The Sheffield Urban Design Compendium sets out general and specific design guidance for the City Centre and the St Vincent’s Quarter. Specifically for the St Vincent’s Quarter the compendium states that innovative and contemporary infill developments should be encouraged.

The SVAP also sets out general and site specific guidance for the quarter. Page 19 of the Action Plan states that materials, colours, finishes, building alignments, proportions, scale and massing are all important design considerations in new development, which should all relate specifically to their setting and context.

Paragraph 34 of PPS 1: Delivering Sustainable Development states that:

‘Planning authorities should plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. Good design should contribute positively to making places better for people. Design, which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted’.

Layout

The residential accommodation (Blocks B2, C & D) has been purposely located to the north of the site, within and adjacent to the Well Meadow Conservation Area. This allows the depth of the blocks in this sensitive area to reflect the finer grain of the conservation area buildings, which are generally in residential use.

The buildings to the south of the site, most notably Block A, have a larger footprint and although it would have been preferable for this to be reduced, it is the commercial wish of the applicant to retain this footprint. It is considered that as this is the least sensitive area with suitable detailing and massing, which will be partly secured with the approval of a Design Code, these buildings can be designed to be positive additions to the townscape of the city.

Scale and Massing

Although scale and massing is reserved for future approval the applicant has provided substantial modelling information to demonstrate how the future blocks would be designed to sit comfortably within their context.

From a scale and massing perspective the site has offered several challenges, not least to negotiate a transition from the finer grain and smaller scale buildings within the Well Meadow Conservation Area to the much larger Atlantic One scheme which sits across Radford Street to the south, at a higher level than the application site.

195 It relation to heights, the buildings within and adjacent to the conservation area (Blocks B2, C & D) are respectful of the relevant heights and also employ details such as set backs to achieve further refinement. The taller buildings towards the top of the site (Blocks A & B1) are not considered to be out of context given the steeply sloping nature of the land and the presence of Atlantic One, which reaches seven storeys.

These buildings will also provide a strong presence onto the key Netherthorpe Road frontage, whist also creating a barrier to protect users of the site from the hostile environment this road creates. It is also noted that the applicant has introduced two full height breaks onto the Netherthorpe Road frontage in line with the Design Panel’s concerns to create separate blocks, which is very welcome.

Appearance

Although appearance is reserved for future approval the applicant has submitted and agreed a Design Code with officers which will govern the future direction of the facade details for the different uses. This Design Code has provided sufficient comfort that the scheme will provide an appropriate level of articulation and suitable high quality materials in order to ensure the scheme sits well within its setting.

Block D

The applicant has provided a significant level of detail in relation to Block D, which adjoins the Grade II Listed Buildings.

In relation to scale and massing the applicant has negotiated the difficult site levels to achieve a design that reflects the scale of the adjacent listed buildings, creates a comfortable transition towards the taller blocks across Well Meadow Drive and presents a strong frontage onto Netherthorpe Road.

In relation to appearance the applicant is currently revising the elevations in light of recent English Heritage comments, in order to better reflect the domestic scale and vernacular of the listed building details.

In light of the above it is considered that the proposal accords with the relevant design policies.

Landscape

Policy BE10: Design of Streets, Pedestrian Routes, Cycleways and Public Spaces within the UDP encourages the creation of attractive, welcoming and useable open areas.

Although the final details of landscaping will be agreed at Reserved Matters, it is considered that the scale and location of these proposed public areas are proportionate to the scale of building that will border them. It is considered

196 therefore that with a suitable landscape design at Reserved Matters the proposal would satisfy the requirements of BE10.

Access

Policy BE10: Design of Streets Pedestrian Routes, Cycleways and Public Spaces within the UDP states that the design of public spaces should make them convenient and safe to use for people with disabilities, elderly people, young people and people with young children.

Policy H7: Mobility Housing within the UDP states that in new housing developments a minimum of 25% of units should be designed to Sheffield City Council Mobility Housing Standards.

There is also a requirement to ensure a proportion of the future student accommodation is wheelchair accessible. In this respect British Standard 8300 (BS 8300) requires 10% of the student units to be fully accessible and a further 5% to be easily adaptable.

The applicant has overcome very challenging changes in levels across the site to demonstrate that inclusive access will be achieved throughout. This has in places required the inclusion of elevators. The applicant has also introduced level pedestrian access into the site from Netherthorpe Road, which is very welcome. It is considered that the applicant has met the relevant requirements within Policy BE10.

The proposal will incorporate level access to all blocks and conditions will be attached to any consent to ensure that mobility housing standards are met in accordance with Policy H7 and BS 8300.

Sustainability

Policy CS64: Climate Change, Resources and Sustainable Design of Development within the CS sets out a suite of requirements in order for all new development to be designed to reduce emissions. In practice, to satisfy the main body of the policy, residential development should achieve Code for Sustainable Homes Level 3, and non-residential developments should achieve a BREEAM rating of Very Good.

In respect of CS64 the application has agreed to meet the relevant requirements.

Policy CS65: Renewable Energy and Carbon Reduction sets out objectives to support renewable and low carbon energy generation and also to further reduce carbon emissions. Policy CS65 requires new developments to achieve the following standards, unless it can be demonstrated that it is not feasible and viable: a) The provision of a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy.

197 b) In relation to commercial schemes, the generation of further renewable or low carbon energy, or the incorporation of design measures, sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%.

Given the feasible and viable section of this policy an assessment will be undertaken at the Reserved Matters stage for each phase to see what measures can be incorporated. This will be secured through a planning condition.

As well as being in a highly sustainable central location close to several modes of public transport the scheme will also include several further features to promote and encourage sustainable design/living, including cycle parking, Travel Plans and new landscaping areas.

It is considered that the proposal therefore meets the sustainability policy requirements set out within the CS.

Affordable Housing

The 2008 Affordable Housing Interim Planning Guidance and Policy CS40: Affordable Housing within the CS requires developments over 15 units to deliver between 30 & 40% of units as affordable housing where it is practicable and financially viable.

Given the viability section of this policy an assessment will be undertaken at the Reserved Matters stage for each residential phase to see what affordable housing can be incorporated. This will be secured through a planning condition.

Amenity of Future Residents & Effect on Adjacent Industrial Units

Policy IB9: Conditions on Development in Industry and Business Areas within the UDP states that new development or change of use will be permitted provided that it would not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions.

IB11: Housing and Residential Institutions in Industry and Business Areas within the UDP states that Housing (C3) will be permitted only where the development would not suffer from unacceptable living conditions including, ground contamination, noise, other nuisance or risk to health and safety.

Due to the area’s industrial past there are several premises in the vicinity, most notably to the north of the site that create noise, as does traffic on Netherthorpe Road to the west. In light of this a Noise Report has been submitted with the application, which has demonstrated that in respect of noise suitable amenity can be provided for future residents and office workers through the imposition of planning conditions.

198 A Phase One Risk Assessment has been submitted as part of this proposal to assess land contamination. Before development commences, the applicant will be required to submit a Phase 2 Risk Assessment to characterise in greater detail the contamination on site and propose a remediation scheme to ensure safe redevelopment. This work will have been completed before the respective phase is occupied ensuring issues of contamination are dealt with.

The application has ensured that where pedestrians would walk under buildings these spaces would have sufficient headroom to promote a welcoming and safe environment.

The scheme will provide semi private courtyard spaces for Blocks B2, C & D and it is expected that future Reserved Matter applications will incorporate balconies and roof terraces to create further amenity areas for residents.

The scheme is therefore considered to comply with policies IB9 & IB11 within the UDP.

Highway Issues

Policy IB9 within the UDP states that for new development or change of use to be permitted it must be adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking.

The provision of 44 parking spaces to serve the office accommodation is considered to be suitable. The undercroft car parking can be accessed safely given the low speeds that vehicles will be travelling and location of the entrance away from junctions.

Given the central location and close proximity to several forms of public transport, including the Sheffield Supertram, it is acceptable for the residential accommodation to be car free.

The application has provided suitable turning facilities for the majority of the site. Discussions are still ongoing in relation to turning facilities for Block A from Radford Street and the conclusions to these discussions will be presented to Members at Area Board.

Circular 05/05: Planning Obligations introduced tests to ensure that the requirement for a financial contribution linked to approving development was justifiable. The main tests the Circular introduced were:

1. The contribution is relevant to planning. 2. The contribution is essential for consent to be granted. 3. The contribution is proportionate to the scale of the development.

The applicant has agreed to pay a contribution towards of £58 per bed space towards the enhancement of pedestrian routes towards the City Centre.

199 The applicant has also agreed to pay a contribution of £3000 towards improvements to Traffic Regulation Orders in the area.

Both of these contributions are advocated within the St Vincent’s Action Plan and are considered to be essential in order to improve the infrastructure of the area and provide safe enhanced pedestrian routes into the City Centre for future users of the development. It is also considered that £3,000 is reasonable in relation to the scale of the development and a figure per bedroom is a proportionate way to calculate a contribution. These requirements are therefore considered to be justified in respect of Circular 05/05: Planning Obligations.

In addition, the footways adjoining the site will be re-surfaced in line with the materials palette identified in the Urban Design Compendium.

The proposal is therefore considered to comply with the requirements of Policy IB9.

Archaeology

A suitable condition will be attached to ensure the archaeological interests of the site are protected.

EIA/Screening

The applicant formally requested a screening opinion in relation to The Town and Country Planning (Environmental Impact Assessment) Regulations 1999. The development was considered to fall within Schedule 2: Category 10 of the regulations by virtue of the fact that it has a site area exceeding 0.5 hectares. It was concluded however that the development was unlikely to have any significant impact on the environment and did not therefore require an Environmental Impact Assessment.

Public Art

An element of Public Art will be incorporated into each phase of the development due its scale and prominent location and this is secured by condition.

Warden Scheme

The area and its existing residents and businesses currently suffer from a degree of crime and nuisance. These matters, amongst others, are being addressed through the St Vincent’s Action Plan, including the extension of a successful Street Warden scheme. The applicant has agreed to contribute £200 per residential unit towards this scheme in order to improve the environment for future users of the site. A figure per unit is considered to be a proportionate way to calculate a contribution.

200 This requirement is therefore considered to be justified in respect of Circular 05/05: Planning Obligations.

Open Space Provision

Policy H16 of the UDP requires the developer to make a contribution to the improvement of recreation space in the locality, in line with details set out in the Supplementary Planning Guidance (SPG) on Open Space Provision in New Housing Development and the City Centre Living Strategy.

The applicant has agreed to provide a financial contribution for each of the residential phases of the development for the provision of open space within the catchment area, which will ensure an improved environment for future users of the site. This contribution would be utilised following consultation with the relevant area panel. A figure per unit is considered to be a proportionate way to calculate a contribution, as set out in the SPG.

This requirement is therefore considered to be justified in respect of Circular 05/05: Planning Obligations.

RESPONSE TO REPRESENTATIONS

English Heritage

The applicant is currently revising the elevations in order to satisfy English Heritage concerns that Block D does not suitably reflect the domestic scale and vernacular detail of the neighbouring listed buildings. The outcome of these discussions will be presented to Members at the meeting.

Sheffield Sustainable Development & Design Panel

Following the comments from the Panel the applicants have created two breaks in the Netherthorpe Road elevation in order to reflect the historic street pattern and to break up the mass of this frontage.

Neighbour Representation

Block A will be set 11.5-metres to the north of the Atlantic One development.

Although these buildings will have an impact on surrounding residential amenity in terms of shadowing and outlook for example, these issues are not uncommon in a City Centre environment and are not considered to be sufficient in this instance to warrant the refusal of this scheme.

Community Consultation

It would have been preferable to secure the presence of small commercial units in the ground floor in the hope of generating more activity, particularly in the evening, but this is not a desire of the applicant at this stage.

201 SUMMARY AND RECOMMENDATION

On balance, officers considered that given the understandable reluctance of the developer to undertake the expense of preparing a detailed application in this challenging economic climate, then subject to an agreed level of detail, which has subsequently been provided, an Outline application presented the most likely way to secure regeneration on this large site, which is currently blighting the area.

The provision of office accommodation in central locations is identified as a priority within the Sheffield Development Framework Core Strategy (CS). The provision of student accommodation and private housing across the site will help to further realise the goals of the St Vincent’s Action Plan, whilst the imposition of planning conditions will ensure the house type mix complies with the CS.

It is considered that the applicant has provided sufficient information to demonstrate that the development would successfully negotiate the difficult transition from the finer grain and smaller scale of the conservation area setting to the taller Atlantic One development set to the top of the site.

The applicant has submitted and agreed a Design Code with officers which will govern the future direction of the scheme, including facade details for the different uses. This Design Code has provided sufficient comfort that future blocks will meet the design standards that are demanded from this prominent site.

Although the final details of landscaping are reserved the scale and location of the public areas are proportionate to the scale of the proposed blocks. The scheme will also provide inclusive access throughout.

An assessment will be undertaken at the Reserved Matters stage for each residential phase to see what affordable housing can be provided.

The provision of 44 parking spaces for the office accommodation is considered to be acceptable. Whilst given the central location and close proximity to several forms of public transport, including the Sheffield Supertram, it is acceptable for the residential accommodation to be car free.

202 The proposal is therefore recommended for conditional approval subject to the completion of a legal agreement.

Heads of Terms

A sum of £3000 shall be paid for the provision of new Traffic Regulation Orders in the area.

203

Case Number 10/00011/FUL

Application Type A Full Planning Application

Proposal Erection of 7 dwellinghouses (2 with garages) and provision of car parking spaces

Location Curtilage Of 130 Warminster Road, And Rear Of Pumping Station Warminster Road Sheffield S8 9BN

Date Received 06/01/2010

Team SOUTH

Applicant/Agent JVH Planning Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

2 The dwellinghouses 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.

3 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.

4 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

204 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.

5 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.

6 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 dwellinghouses 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 and occupiers of adjoining property.

7 No dwelling which is shown on the plans to be provided with screen fencing shall be used unless such screen fencing has been erected in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such screen fencing shall be retained.

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

8 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, Part 1 (Classes A to H 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 dwellinghouses shall be constructed without prior planning permission being obtained from the Local Planning Authority.

In the interests of the amenities of occupiers of adjoining properties, bearing in mind the restricted sizes of the curtilages.

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

To ensure satisfactory drainage arrangements.

205 10 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.

To ensure satisfactory drainage arrangements.

12 The dwellinghouses shall not be used unless the car parking accommodation for 12 vehicles as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

13 There shall be no gates or barriers erected at the means of access to the site unless otherwise agreed in writing by the Local Planning Authority.

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

14 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 traffic safety and the amenities of the locality.

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

i) Construction method statement ii) Site safety iii) Construction vehicle ingress and egress

206 iv) Location of the site compound and temporary car parking arrangements for contractors v) Vehicular routes for construction traffic vi) Details of any temporary Traffic Regulation Orders

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

16 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 dwellings are brought into use.

Highway Improvements:

Brindley Crescent - relocation and replacement of street lighting.

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

17 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.

18 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 dwellinghouses 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.

19 The first-floor window on the south-facing elevation of the dwellinghouse on plot 7 facing towards the public footpath and beyond 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 the locality and occupiers of the proposed dwellings.

207 20 The residential accommodation hereby permitted shall not be occupied unless the scheme of sound attenuation works given in the noise report carried out by Kirby Charles Acoustics, Ref.KCA 291/009/2337 are installed. Such a scheme of works shall be capable of achieving the following noise levels:

Bedrooms: LAeq 15 minutes - 30dB (23:00 to 07:00 hours)

Living Rooms: LAeq 15 minutes - 40dB (07:00 to 23:00)

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

21 Before the development is commenced, actual or potential land contamination and ground gas contamination at the site shall have been investigated and a Phase 1 Preliminary Risk Assessment Report shall have been submitted to and approved in writing by the Local Planning Authority. The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

22 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.

23 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

208 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.

24 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.

25 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 dwellinghouses 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.

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

drawing numbers 26279/01 Revision A 26279/02 Revision A 26279/20 Revision A received on the 6th of January 2010 drawing numbers 26279/25 Revision A 26279/26 Revision A received on the 10th of May 2010 drawing numbers 26279/03 Revision G 26279/10 Revision B 26279/11 Revision B 26279/12 Revision B 26279/13 Revision B received on the 13th of May 2010

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

In order to define the permission.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H16 - Open Space in New Housing Developments BE5 - Building Design and Siting CS23 - Locations for New Housing CS24 - Maximising the Use of Previously Developed Land for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS40 - Affordable Housing CS63 - Responses to Climate Change CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS74 - Design Principles

Overall it is considered that the development complies with the relevant policies and proposals in the development plan, and would not give rise to any unacceptable consequences to the environment, community or other public interests of acknowledged importance.

Attention is drawn to the following directives:

1. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

2. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing

210 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. 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.

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. When preparing detailed proposals for the development of this site, the developer is advised that the Council will encourage the provision of easily accessible housing, capable of adaptation to meet the needs of various people with mobility impairments. Known as "mobility housing", further details are available together with guidance notes from the Access Officer on (0114) 2734197 or from Planning Enquiries on (0114) 2734215.

6. 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.

7. 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

211 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.

8. 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.

212 Site Location

213

214

LOCATION AND PROPOSAL

This is an application within a Housing Policy Area in the Norton Lees area of Sheffield for the erection of 7 dwellings, with associated off-street car parking and landscaping works.

The site comprises of 0.19 Hectares of land at the immediate rear of the Yorkshire Water Pumping Station site located on Warminster Road.

The site is surrounded by a nursing home to the north; the Yorkshire Water pumping station and caretakers house to the east; a public footpath to the south (with a residential institution beyond); and a public highway road (Brindley Crescent) with residential houses beyond to the east. The general characteristics of the area is of mainly residential properties either in the form of residential institutions or individual residential houses. The style of the individual houses in the area is very mixed in nature.

The site at present has a slight difference in ground levels, with the land falling away towards the north. The site consists of mainly grassed areas with ornamental trees within and some more substantial trees around the periphery of the site. The site boundary against the public footpath (south) and the nursing home (north) consists of a beech hedge of approximately 3 metres in height.

The proposal seeks to create a new shared vehicular and pedestrian access off Brindley Crescent which would then open up to a mini-estate of 7 two- storey residential properties (3 detached dwellings and 4 semi-detached dwellings). With the exception of two of the detached dwellings (which would both have attached garages), the remaining dwellings would have courtyard style off-street car parking spaces. Including the two garage spaces, there will be a total of 12 off-street car parking spaces for this development (6 of which would be suitable for use by disabled drivers).

RELEVANT PLANNING HISTORY

The site has been in use for many years as a water pumping station (operating 24 hours a day). Alongside the pumping station is a residential dwelling (occupied by the caretaker/operator of the pumping station). There is no planning history relating to either the residential accommodation or the pumping station building itself.

SUMMARY OF REPRESENTATIONS

2 letters of representation and a petition (with 6 local residents addresses listed) have been submitted in response to this application. One of the representations is in support of the proposal whereas the petition and the other representation (from the Brindley and Mundella Tennant’s and Resident’s Association) have raised some concerns about the proposal. The comments have all been summarised and are listed below:-

215

- The proposed development is well thought out and considerate to the existing residents on Brindley Crescent.

- The siting of the houses is good, the use of the existing trees and new trees gives privacy to all and the position of the entrance/exit is ideal.

- The vehicular entrance to the site will be sited in the narrowest part of Brindley Crescent. Many local residents already have to park their vehicles half on the road and half on the footpath and, many of those residents are elderly and disabled and therefore, for this reason there is concern that the access will cause problems for existing residents who need easy access to their vehicles.

- A local public meeting should be held to alleviate the concerns of local residents.

- In view of the fact that a new sheltered housing scheme is currently under construction off Brindley Crescent, there is little capacity for Brindley Crescent to accommodate any further traffic.

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Policy Area as defined in the Sheffield Unitary Development Plan.

Policy H10 – “Development in Housing Areas” identifies housing as being the preferred use in such an area. In principle therefore, it is considered that the proposal accords with this policy.

Policy H14 – “Conditions for Development in Housing Areas”. This policy requires new developments to be well designed, appropriately served by off- street parking and not be detrimental to the living conditions of local residents. These issues i.e. design, highways and impact on residents are fully considered elsewhere in this report.

In accordance with the Sheffield Core Strategy, this site falls within the South- East Urban Area which includes “priority areas for the release of new housing land to encourage the revival of the housing market”.

The relevant policies in the Sheffield Core Strategy include:-

Policy CS23 “Locations for New Housing” Policy CS24 “Maximising the Use of Previously Developed Land for New Housing” Policy CS26 “Efficient Use of Housing Land and Accessibility” Policy CS40 “Affordable Housing”

216 Policy CS63 ”Response to Climate Change” Policy CS64 “Climate Change, Resources and Sustainable Design of Developments”, and Policy CS65 “Renewable Energy and Carbon Reduction”.

Policy CS23 – requires 90% of new dwellings to be within the main urban area of Sheffield on sustainably located sites. It is considered that this site does fall within the main urban area of Sheffield on a sustainably located site.

Policy CS24 – seeks to ensure that a high proportion of new dwellings are constructed on Previously Developed Land (PDL). By virtue of this site being part of a former water pumping station site, it is felt that this site does qualify as PDL and as such, this policy is satisfied. Policy CS26 – seeks to ensure the efficient use of Housing Land and accessibility. It is considered that the 7 dwellings on a 0.19 hectare plot of land will achieve a density level of 37 dwellings per hectare. For an urban area of this nature, this policy would normally require a density level of between 30 and 50 dwellings per hectare. It is felt therefore that this policy is satisfied.

Policy CS40 – Affordable Housing is not applicable in this instance because the development is only for 7 dwellings. This policy only applies to developments of 15 dwellings or more.

Policies CS63, CS64 and CS65 are all similar in that these policies relate to climate change and the need to ensure that developments are sustainable. These policies promote developments that generate renewable energy and that are designed to reduce emissions of greenhouse gasses. Whilst this policy is covered elsewhere in the report (under the headings of “Design” and “Sustainability” issues) it is felt that these policies are generally satisfied by this development.

Sustainability

The site is in a sustainable location, being within easy walking distance of public transport services which have bus routes operating frequently on both Warminster Road and Derbyshire Lane, close to local schools and, close to local shops and facilities which are also located on Derbyshire Lane (approximately 400 metres away).

Core Strategy Policies CS63 (Responses to Climate Change), CS64 (Climate Change, Resources and Sustainable Design of Developments) and CS65 (Renewable Energy and Carbon Reduction) require, amongst other things, the use of renewable and/or low carbon energy and a reduction in predicted carbon emissions in new developments.

The development is required to meet Level 3 of the Code for Sustainable Homes (or equivalent) in order to comply with Policy CS64.

217 Not only have the dwellings been designed to comply with Level 3 of the Code for Sustainable Homes, they also comply with Lifetime Homes and Mobility Homes standards.

The proposed dwellings will have the following features:-

- high levels of thermal efficiency above the Building Regulations requirements,

- high levels of air tightness to prevent the loss of heat through leakage and thermal breaks,

- controlled and adequate ventilation of the properties through high quality detailing and construction,

- water butts for harvesting rain water,

- high quality construction to provide enhanced sound control to all properties, and

- provision of effective low carbon heating and energy efficient LED lighting.

The proposed dwellings also include solar panels which, together with increased energy efficiency measures, will comply with Policy CS65. The solar panels are designed to be integrated into the roof. This results in a flush finish which will appear more discreet than many alternative products and will have no adverse impact on the appearance of the buildings, or for other nearby dwellings.

In addition to the above-mentioned features, each property will have a dedicated home office/study space with IT connection points which will enable working from home and potentially further reduce the need for travel.

Impact on Residential Amenities

The proposed development will be laid out in such a way that each new dwelling will have an adequately-sized private rear garden (achieving the minimum requirement of 50 square metres for a new dwelling as defined in adopted Supplementary Planning Guidance). The rear-facing windows on the elevations of the proposed new dwellings (on plots 1 to 5) face north towards the residential care home meet the minimum window to window separation distance of 21 metres (the separation distance being approximately 22 metres), it is also worth noting that there is a 3 metre high beech hedge along the party boundary and, the residential care home building is on a lower ground level which also ensures that any overlooking issues are minimised.

Number 130 Warminster Road is the caretaker’s home for the water pumping station, this property has rear facing windows that towards the gable elevation of the new plot 5 dwelling. The Council’s adopted supplementary planning

218 guidance requires a minimum separation distance from main principle elevation windows to a blank two-storey gable elevation of 12 metres. In this instance the separation distance from the existing caretaker’s home (130 Warminster Road) to the gable elevation of plot 5 is 13 metres.

Whilst it is acknowledged that the proposed new dwelling on plot 6 is close to the rear boundary (6 metres away), the property will back onto the water pumping station building and not a residential property and therefore residential amenity is not compromised. There are also several mature trees between the new plot 6 dwelling and the water pumping station which helps to create a reasonable outlook from the new dwelling

The proposed new dwellings are fairly well screened from nearby residential dwellings and therefore in this regard it is considered that this development is unlikely to lead to any adverse overlooking or privacy issues.

Local residents have raised some concerns about the likely increase in on- street car parking (particularly on Brindley Crescent). This development of 7 two-bedroom dwellings will have a total of 12 off-street car parking spaces which, is considered to be acceptable in this instance.

An existing copse of trees and shrubs to the east of the site is being retained which helps to keep the development fairly well screened from Brindley Crescent.

Officers have assessed the potential harm for the residents of the new dwellings in terms of noise from the pumping station and feel that there is some potential for noise disturbance particularly given that the pumping station operates 24 hours a day. A noise survey report has been submitted as part of the application and officers are satisfied that the noise attenuation methods recommended by the report will adequately protect the amenities of the future residents of 5, 6 and 7. This matter can be conditioned accordingly.

It is therefore considered that the proposed development is unlikely to cause any adverse harm for the amenities of existing residents.

Design and Layout

UDP Policies BE5 “Building Design and Siting” and H14 “Conditions on Development in Housing Areas” and Core Strategy Policy CS74 “Design Principles” seek high quality design and satisfactory integration of new developments in their surroundings.

The proposed development reflects a design that sits comfortably on the plot and comfortably with the wider neighbourhood context (which in any case is quite varied). The facing materials are a mixture of multi-buff brick to the main walling, artificial stone to the copings and vertical red cedar timber forming the cladding panels. The roofing materials will consist of dark grey low-profile concrete tiles which will be integrated with a solar panel on the front roof slope of each dwelling.

219

The development is primarily of two-storey dwellings and this generally reflects the scale and form of neighbouring properties. When viewed from the shared courtyard parking area, the development has a fairly open plan form, the rear gardens to the dwellings will be segregated at the rear by timber fencing.

The proposal will incorporate some existing and new landscaping which will help soften the appearance of the development and compensate for the loss of some of the ornamental shrubs on the site boundary which will be removed in order to accommodate the new shared access. It is felt appropriate in this instance that planning conditions be imposed requiring details of the fencing/means of enclosures and the landscaping scheme to be agreed prior to any works commencing.

The layout of the development is designed to allow surveillance of all areas, for security without causing overlooking issues to surrounding properties. The development has been designed to complement the grain of the neighbourhood and the proposals will create a strong sense of ownership and community within the and to some extent around the development. The use of shared surfaces is aimed at encouraging the use of the street for purposes other than movement such as play and social interaction between neighbours.

In view of the above comments and, subject to compliance with the proposed conditions, it is felt that the proposal (in terms of design, built form and materials) will be acceptable and accords with Policies BE5, H14(a) and CS74.

Landscape Issues

By and large much of the existing landscaping on and around the site will remain intact. However, there will be a small section of shrubs and boundary hedging fronting Brindley Crescent that will need to be cleared in order to allow the new shared access into the site. The proposed scheme will incorporate some new landscaping treatment which will help soften the appearance of the development and help create improved garden spaces. It is felt appropriate to impose a suitable planning condition requiring the landscaping details to be submitted and agreed with the LPA.

Highway Issues

The proposal will provide a total of 12 off-street car parking spaces of which 6 will be suitable for use by disabled persons/drivers. The proposal will also incorporate a new pedestrian footpath link from the site to the existing pedestrian footpath network on Brindley Crescent. As previously mentioned, there is an existing public footpath to the immediate south of the site that will link the application site off Brindley Crescent to Warminster Road where there are nearby bus stops and regular bus services in operation.

220 Open Space

Relative to the population of the area, there is a shortfall of both informal and formal recreation space in the area, and therefore, as a consequence, the developer would be expected to make a contribution towards off-site open space provision.

A commuted sum of £9048.55 is required towards the provision/enhancement of local recreation space in accordance with UDP Policy H16 (Open Space in New Housing Developments). A unilateral planning obligation is required to secure compliance with the policy and is expected to be in place prior to the Board meeting.

SUMMARY AND RECOMMENDATION

This is a proposal for 7 two-bedroom dwellings within a Housing Policy Area. The proposal will have adequate off-street car provision and, is unlikely to affect the living conditions of existing residents. It is considered that the proposed design of the development (in terms of form, materials and layout) is acceptable. The development incorporates some sustainable features which ensures that the dwellings achieve Level 3 of the Code for Sustainable Homes. The proposal accords with policies contained within both the Unitary Development Plan and the Sheffield Core Strategy.

It is therefore recommended that planning permission is granted subject to conditions, and subject to a legal agreement.

HEADS OF TERMS FOR LEGAL AGREEMENT

1. The owner(s) shall serve upon the Council, on or before commencing development, notice of the commencement of development, and in the event of such notice not being served, covenant to pay to the Council, immediately upon demand, all sums due under the provisions of this Deed, together with any interest due.

2. On or before the commencement of development, the Owner shall pay to the Council the sum of £9048.55 to be used towards the provision and enhancement of Open Space within the locality of the site.

221

Case Number 09/03744/FUL

Application Type A Full Planning Application

Proposal Erection of two apartments in a single-storey building with internal courtyard (Amended scheme received 13/05/2010)

Location Land Within Curtilages Of 187-193 Whitham Road

Date Received 09/12/2009

Team SOUTH

Applicant/Agent Bond Bryan Architects (Church Studio)

Recommendation Grant Conditionally

Subject to:

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

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

2 A sample panel of the proposed stonework shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of stone 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.

4 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:

Junction with the Beech Hill Road boundary wall and roof structure

222 Glazed canopy Eaves Rain water goods Boxed roof lights

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

In order to ensure an appropriate quality of development.

5 Before the development commences details of the design and appearance of the hard and soft landscaping within the site shall be 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.

6 Before the development is brought into use a refuse collection management plan shall be submitted to and approved in writing by the Local Planning Authority.

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

7 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 buildings shall not be used unless such cycle parking accommodation has been provided in accordance with the approved plans and thereafter such cycle parking accommodation shall be retained for the sole purpose intended.

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

8 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, Part 1 (Classes A to H 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.

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) and the approved plans, no windows or other openings shall be formed in any elevation of the dwellings hereby

223 permitted without the prior written consent of the Local Planning Authority.

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

10 The development must be carried out in complete accordance with the following approved documents.

Drawing No 08-130(01)001 PL0 - Existing Site Plan Drawing No 08-130(03)001 PL0 - Existing Elevations Drawing No 08-130(07)001 PL2 - GA Plans Drawing No 08-130(09)001 PL2 - Sectional Elevations 1 Drawing No 08-130(09)002 PL2 - Sectional Elevations 2 Drawing No 08-130(00)002 PL1 - Visuals

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

S7 - Development in District and Local Shopping Centres BE5 - Building Design and Siting BE16 - Development in Conservation Areas S10 - Conditions on Development in Shopping Areas

The principle of development of the site for housing is acceptable in accordance with Policy S7. The removal of the hard surfacing for car parking and introduction of a stone boundary wall varying between 2.3 and 3.2 metres high to mirror the rest of the street scene is welcomed, tidying up the site, and enhancing the appearance of the Conservation Area, complying with Policies BE16, BE5 and S10(d).

The proposed development is considered not to adversely affect the amenities of occupiers of the proposed apartments, or those occupiers of the existing neighbouring properties complying with Policy S10(b)

These is an under provision of car parking on the site, however, owing to the sustainable location within the District Shopping Centre, and within the presence of an existing residents parking scheme and waiting restrictions within the vicinity, it is considered no adverse impact on highway safety will occur. This complies with Policy S10(f)

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

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

Attention is drawn to the following directives:

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

4. 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.

225 Site Location

226

LOCATION AND PROPOSAL

The application relates to parcel of land at the rear of 187 to 193 Whitham Road, which are residential dwelling houses. The site is currently used to provide amenity space for occupiers of 187-193 Whitham Road, and to provide five off street car parking spaces accessed off Beech Hill Road.

227 There was originally a number of outbuildings occupying the site, including a two storey workshop, and featuring a boundary wall running along Beech Hill Road. These buildings have been demolished over time, with the most recent demolition taking place in 1996, when the hard standing was constructed for car parking and the majority of the boundary wall, was removed.

The site is located within a District Shopping Centre, as designated in the adopted Sheffield Unitary Development Plan, and also falls within the Broomhill Conservation Area. The street scene consists of a mixture of commercial properties to the west and residential properties to the east, with Broomhill Infant School located on the opposite side of Beech Hill Road.

Planning permission is sought for the erection of a single storey building to create two apartments (a 1-bedroom unit and a 2-bedroom unit) around an enclosed courtyard, and reinstating the boundary wall along Beech Hill Road.

RELEVANT PLANNING HISTORY

Conservation Area Consents were granted in 1996 for the demolition of outside W.C’s behind 187-193 Whitham Road, (96/00752/CAC) and for lowering the height of the boundary wall. (96/00956/CAC).

Planning permission was granted in 1996 for the use of the buildings at 187- 193 Whitham Road as 4.No dwellings and provision of parking space. Application No. 96/00753/FUL.

Planning permission was granted in 2008 for the use of ground floor of the neighbouring property at 193 Whitham Road for Class B1, with an apartment at upper floor levels. (08/05218/CHU).

SUMMARY OF REPRESENTATIONS

7 representations have been received. Issues raised include:

- The application is an overdevelopment of available space on a property which is already in multiple occupation. - There is a loss of parking provision and increase in occupants which will cause a problem in on street parking in the area, (including next to Broomhill Infant School). - The proposed development is out of keeping with the Broomhill Conservation Area, being an insensitive extension, loss of original building materials and details, and adversely affecting the pressure for car parking. - The proposal will tip the balance for rented accommodation in the area, and create noise, litter and congestion, much of which is generated by students and other transients in multiple occupancy housing. - Off street parking should be designed into the scheme in the courtyard. - No residents parking passes should be allocated to new occupants.

228 - Whilst the green space on the site is small, it is worth maintaining. - Additional fenestration on the boundary wall to Beech Hill Road would create natural surveillance to an area that is prone to car crime and graffiti. - The massing is broadly acceptable but should mimic the existing boundary wall on nearby sites. - The proposed internal courtyard is too small for the number of occupants. - The bins will be collected from Whitham Road which is much busy than Beechill Road which is not ideal. - The huge wall fronting onto Beech Hill Road is very depressing and very ugly.

The application was heard at the Conservation Advisory Group of the 26th January 2010. The Group questioned the accuracy of the submitted drawings and the adequacy of the information, which omitted the nearby listed Broomhill School. The group felt that the original buildings, on the site, would have been smaller and the submitted scheme was over-development of the site. The group felt that the design was over-complicated, the flat roof was unacceptable and proposed use of ashlar was inappropriate.

PLANNING ASSESSMENT

This application proposes to erect a single storey building forming the south and west boundaries of the site, creating an internal courtyard, and proposing two new apartments. The key issues to consider in the determination of this application include the following:

(i) Principle of development: Policy and Land Use (ii) Design and appearance of the proposed development and impact on Conservation Area (iii) Highway Issues (iv) Impact on the amenity of future occupiers and adjoining residential occupiers (i) Principle of development: Policy and Land Use

The adopted Sheffield Unitary Development Plan indentifies the site as falling within a designated District Shopping Centre, and therefore Policy S7 - Development in District and Local Shopping Centres and Policy S10 - Conditions on Development in Shopping Areas, are relevant.

Policy S7 states that Shops (use class A1) will normally be the preferred use. The proposal aims to provide two self contained residential units (use class C3). Under Policy S7, Housing (C3) is an Acceptable use within the district shopping area providing it meets the criteria found in Policy S10.

Policy S10 seeks to ensure, amongst other things that new development will be permitted provided that it would not lead to a concentration of uses which would prejudice the preferred use or cause residents to suffer from unacceptable living conditions. The key determinant of the viability of the

229 district shopping centre is the number of units in retail uses (A1). With this application seeking to erect a new building, and there being no loss of an A1 unit, there will be no impact on the viability of the district shopping centre.

It is considered that the principle of using this parcel of land for C3 housing is acceptable in terms of Policy S7, and Policy S10(a) . Reference to other sections of Policy S10 is made within the sections below.

(ii) Design and Appearance of the proposed development/ impact on the Conservation Area.

Policy BE16, Development in Conservation Areas, states that any proposal in a conservation area should preserve and enhance the appearance of the conservation area, and should be constructed from the highest quality materials.

Policy S10 (d) requires new development to be well designed and of scale and nature appropriate to the site.

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

The site falls within the “north-east quadrant north and south of Whitham Road” as defined in the Broomhill Conservation Area Appraisal. In relation to the rest of the conservation area this is an area of high density, and tightly knit haphazard layout of streets. Amongst the negatives indentified are the loss of stone boundary walls, and the adverse effects of the pressure for car parking with the creation of large areas of hard standings.

The garden wall is fragmented along Beech Hill Road to make way for the hard standing providing car parking currently occupying the application site. The development has been designed to reinstate the stone boundary wall, and in doing so provide living accommodation behind it, which is not clearly visible from the highway. The stone wall steps three times, varying in height from 2.3 to 3.2 metres, which is considered acceptable in terms of the scale of boundary walls in the surrounding vicinity.

The scheme originally proposed a two storey element to join on to the rear of the existing property at 191 Whitham Road. Negotiations have lead to the removal of this section of the scheme, and the entire scheme is now single storey.

The building is contemporary in appearance with a flat roof. The only section visible in the street scene will be the southern and western elevations of the

230 building forming the boundaries of the site. These are to be constructed from split faced natural stone, with the openings to include a wooden timber door and recessed stainless steel detail for post with internal windows and doors facing the courtyard to be powder coated aluminium.

The internal courtyard is to be re-landscaped to provide a useable lawn area with stepped seating, improving the quality of the existing situation.

Overall, the proposal is a well designed contemporary scheme, of appropriate scale and massing, featuring good quality natural materials. It is considered that reinstating the boundary wall will significantly enhance the appearance of this section of the conservation area, and remove an unsightly car parking area. Therefore the proposal is considered to meet the requirements of Policy S10, BE16 and BE5 of the Unitary Development Plan, and Policy CS74 of the Core Strategy.

(iii) Highways Issues

Policy S10 (f) requires new development to be served adequately by transport facilities, provide safe access to the highway network and appropriate off street parking; and not endanger pedestrians.

The site falls within the District Shopping Centre and as such is in an accessible location in terms of facilities that exist within the immediate locality and access to public transport services.

The current parking arrangement on site is for five off street parking spaces to serve the four properties at 187-193 Whitham Road, this include two spaces dedicated to 193 Whitham Road, which has planning permission for a B1 use. The three parking spaces at the rear of 187-191 are to be removed to allow for the development, with the two parking spaces at the rear of 193 Whitham Road being retained for that properties use. As a result properties 187, 189, 191 and the proposed two apartments will be car free.

There is an existing residents parking scheme on the surrounding roads which limits on street parking, with further waiting restrictions on Beech Hill Road and Whitham Road. Future residents of the new apartments will not be eligible for permits to be used in the residents parking scheme.

There is an under provision of parking for the scheme, however on balance the site is in an accessible location in terms of facilities that exist within the immediate locality and access to public transport services, and the car free nature of scheme will minimise potential for additional on street parking. The proposal therefore complies with Policy S10(f) of the Unitary Development Plan.

(iv) Impact on the amenity of future occupiers and adjoining residential occupiers

231 Policy S10 (b) requires that development would be permitted providing that it would not cause residents to suffer unacceptable living conditions including air pollution, noise, and other nuisance.

The guidelines set out within the Designing House Extensions – Supplementary Planning Guidance (SPG) are targeted at house extensions. However, it also serves to set parameters and guidelines which are helpful in assessing applications of this nature for residential development. Guidelines seek to prevent unreasonable overshadowing and over dominance of neighbouring dwellings.

The guidelines seek to prevent adverse overshadowing to occupiers of existing buildings, with the recommendation that a two storey building should be at least 12 metres away from the closest ground floor window. This proposal is single storey and is positioned in excess of 12 metres from No. 187 Whitham Road and between 12 and 8 metres away from No.’s187-191 Whitham Road. It is considered that no adverse overshadowing or overbearing will be created by the proposed development.

The guidelines also seek to protect and maintain minimum levels of privacy, with a minimum distance of 21m required between facing main windows for a two storey property. Where there is a shared area, or highway between, this distance is often substantially reduced. The boundary to the neighbouring property of No. 185 Whitham Road consists of a stone wall and hedge and as such will screen the outlook to and from the proposed single storey development. The occupiers of the existing buildings at No.’s 187 to 191 Whitham Road are positioned between 12 and 8 metres away from the proposed windows in the development. This is below standard, however it is considered that owing to the shared nature of the existing amenity space and that proposed within this scheme, the proposal does not significantly worsen on existing situation.

There is limited shared amenity space for occupants of the existing dwellings at no.’s 187 – 191 Whitham Road and the proposed new apartments. However the proposed scheme creates a good quality landscaped internal courtyard which whilst limited will improve on the value of the amenity space.

On balance it is considered that the provision of good quality useable amenity space out weighs the limited quantity of amenity space, which is in keeping with the wider character of the area, where tight knit properties often do not provide large quantities of amenity space. No adverse overlooking or overshadowing will be created by the scheme complying with Policy S10(b).

CONCLUSION AND RECOMMENDATION

232 enhancing the appearance of the Conservation Area, complying with Policies BE16, BE5 and S10(d).

The proposed development is considered not to adversely affect the amenities of occupiers of the proposed apartments, or those occupiers o the existing neighbouring properties.

These is an under provision of car parking on the site, however, owing to the sustainable location within the District Shopping Centres, and within the presence of an existing residents parking scheme and waiting restrictions within the vicinity, it is considered no adverse impact on highway safety will occur.

It is therefore recommended that planning permission is granted for the proposed development.

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Case Number 09/03175/FUL

Application Type A Full Planning Application

Proposal Mixed use development comprising 29 apartments, office accommodation (Use Class B1) and a cafe with ancillary car parking accommodation (As amended plans received 13/05/2010)

Location Site Of 7 Rockingham Street And Broad Lane Sheffield S1 4EA

Date Received 15/10/2009

Team CITY CENTRE AND EAST

Applicant/Agent Coda Studios Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

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 1:20 of the items listed below shall be approved in writing by the Local planning Authority:

Eaves Verges Entrances Glazing Cladding Balconies Underside of roof of the brick building

234 Window reveals Rainwater gutters, downpipes and external plumbing External lighting

In order to ensure an appropriate quality of development.

4 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

5 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.

6 No development shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

7 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 development is brought into use.

Highway Improvements:

235 The footway on Broad Lane and Rockingham Street adjacent to the site subject of this application should be reconstructed to comply with Sheffield City Councils ‘Urban Design Compendium’ specifications.

The footway on Boden Lane adjacent to the site subject of this application should be reconstructed to Sheffield City Councils specifications detailed in ‘Technical Appendix to Better Places to Work and Better Places to Live in South Yorkshire’.

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.

8 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.

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

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

10 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.

11 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.

236 12 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

a) Clear & unambiguous objectives to influence a lifestyle that will be less dependent upon the private car; b) A package of measures to encourage and facilitate less car dependent living; and, c) A time bound programme of implementation and monitoring in accordance with the City Councils Monitoring Schedule. d) The results and findings of the monitoring shall be independently validated to the satisfaction of the local planning authority. e) The validated results and findings of the monitoring shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

Prior to the occupation of any dwelling, evidence that all the measures included within the approved Travel Plan have been implemented or are committed shall have been submitted to and 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.

13 The area to the front of the building facing Boden Lane shall at no time be used for the parking of vehicles.

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

14 Prior to the commencement of development, structural drawings and calculations for any part of the building which projects over the highway shall be submitted to and approved in writing by the Local Planning Authority and thereafter the development shall be constructed in accordance with these details.

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

15 Before commencement of development details of the sound attenuation works to be installed shall first have been submitted to and approved in writing by the Local Planning Authority. Such a 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 suitable alternative ventilation system.

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The agreed works shall be in place prior to first occupation and thereafter retained.

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

16 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.

17 Before first occupation a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved in writing by the Local Planning Authority. Such Validation Tests shall:

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

b) Demonstrate that the noise requirements identified in the proceeding condition 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 in writing by the Local Planning Authority before the occupation is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the occupation of the relevant phase and shall thereafter be retained.

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

18 Before occupation of the office accommodation a scheme of sound attenuation works capable of achieving Noise Rating Curve NR45 shall have been installed.

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

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

238 In the interests of the amenities of the locality and occupiers of the proposed commercial buildings.

19 The A3 unit shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

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

20 Any intrusive investigation recommended in the Phase I Preliminary Risk Assessment (Desk Top Study Report received 15th October 2009) 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.

21 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 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.

22 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

239 In order to ensure that any contamination of the land is properly dealt with.

23 The A3 unit shall be used for the above-mentioned purpose only between 0800 hours and 2200 hours on any day.

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

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

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

25 The building shall not be used unless a level threshold has been provided to all entrances, in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level thresholds shall be retained.

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

26 The development shall not be used unless manifestation in the form of 2 bands in a colour which is readily distinguishable from both sides of glass is provided to the glazed doors and full height glazing.

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

27 The apartments hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any apartment 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.

28 The development shall not be occupied unless a vertical abutment wall has been provided between the new building and the neighbouring public house (Fagan's) details of which, including height shall have been submitted to and approved in writing by the Local Planning Authority before development commences, unless otherwise agreed in writing by the Local Planning Authority, and the brick shall match that used on the main building.

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In the interests of the visual amenities of the locality.

29 Before development commences, details, including proposals for surface water disposal and calculations to demonstrate how the development will achieve a 30% reduction in surface water discharge from the site compared to the existing peak flow shall have been submitted to and approved in writing by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

30 Prior to the commencement of development, details of the height and appearance of the privacy screen to the second floor terrace shall have been submitted to and approved in writing by the Local Planning Authority and thereafter the development shall be constructed in accordance with the approved details.

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

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

Drawings numbers: 002B 003E 004D 005E 006C 007A 010A 011A All received 13/05/2010

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas I B9 - Conditions on Development in Industry and Business Areas BE5 - Building Design and Siting CS3 - Locations for Office Development CS17 - City Centre Quarters

241 CS64 - Climate Change, Resources and Sustainable Design of Developments CS74 - Design Principles Sheffield

The proposed uses comply with policies IB6, IB9 of the Unitary Development Plan and CS3 and CS17 of the Core Strategy. The mix of uses is desirable in this area, the provision of a café, offices and residential accommodation will add to the mix within the area. Residential accommodation will provide adequate living conditions for occupiers and will not negatively impact upon the living conditions of nearby occupiers.

The development is well designed, utilises high quality materials and is of an appropriate scale and will result in an individual and attractive building in this key location in line with UDP policies IB9 and BE5 and Core Strategy Policy CS74.

The scheme is in a sustainable location, within walking distance to the services and amenities of the city centre and good public transport links and will comply with the requirements of CS64.

Attention is drawn to the following directives:

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

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

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

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

242 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. 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.

243 Site Location

244

245

LOCATION AND PROPOSAL

The application site is located at the junction of Rockingham Street and Broad Lane and is a prominent site which forms a gateway into the city centre. The site currently houses a three-storey flat roof brick and clad building which has little architectural merit and is occupied by Sheffield Window Centre. The building is set towards the south of the site, the area directly to the front of the building is used to park vehicles.

Broad Lane slopes downhill from west to east and the application site follows this trend. The gradient of Rockingham Street falls steeply when approaching the site from the south, before levelling off around the application site. The Well Meadow Conservation Area is situated to the North of the site, the gradient increases in this direction.

The site is set within a Fringe Industry and Business Area, as defined by the Sheffield Unitary Development Plan and is set 15 metres to the south of the Well Meadow Conservation Area.

The surrounding area is characterised by a mixture of commercial/residential uses, in buildings of varying design, scale and age. Directly to the west of the site is the recently constructed Rockingham House, a 6/10 storey red brick building comprising residential accommodation and commercial units to the ground floor. Beyond this are several University buildings.

A three-storey public house, Fagan’s, is located directly to the east of the site, this is a traditional building which dates from the 19th century and has a render finish and pitched roof. Beyond this are light industrial buildings of a relatively small scale. The area opposite the site on Broad Lane is mostly cleared, and has planning permission (07/01148/FUL) for 98 apartments and 4578 square metres of office/teaching space. This scheme ranges from 4 to 10 storeys on the Broad Lane elevation, facing the application site. This permission expires in December 2010.

It is proposed to construct a building which is split into a two/three storey building adjacent to Fagan’s and a 7 storey tower block adjacent to Rockingham Street. The scheme will comprise 27 one-bed apartments, one two-bed apartment and one three-bed apartment along with a café and offices at ground floor level.

RELEVANT PLANNING HISTORY

Recent planning history relates to the existing building on site and includes advertisement consents.

SUMMARY OF REPRESENTATIONS

The occupiers of Fagan’s have objected to the scheme on the following grounds –

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- Approval for residential accommodation could restrict the ability of Fagan’s to function or develop. - Fagan’s has been in operation for more than 100 years, pubs are currently experiencing difficulties and thus any potential restriction on business could have a severe impact. - Owing to the nature of the business people often leave late and may make noise, therefore it is inappropriate to locate residential accommodation in such close proximity. - Future residents may complain to Environmental health which could result in restrictions to the operation of the pub - Fagan’s dates back to the 18th century and is part of the original character of the area - Recent developments have not respected the character of the area - Proposal is out of scale with the street scene - Drawings are not adequate to be able to assess the impact of the proposal on the street scene - There are many empty apartments across the city and lack of demand, therefore question the need for more apartments

PLANNING ASSESSMENT

Principle of Use

The site lies within a Fringe Industry and Business Area, as defined within the Sheffield Unitary Development Plan, thus Policies IB6, IB9 and IB11 apply.

Policy IB6 defines which uses are acceptable in Fringe Industry and Business Areas; business (B1) is defined as a preferred use whilst food and drink outlets (A3) and housing (C3) are defined as acceptable uses.

The scheme includes the preferred use B1, but predominantly consists of housing which is defined as an acceptable use. It is considered that given the central location of the site, its proximity to the University and the changing nature of the area as highlighted by other large residential schemes in the immediate locality, that the site is acceptable for residential accommodation. This is subject to the provision of adequate living conditions, which will be discussed further on in the report.

Policy IB9 requires that development would (a) “not lead to a concentration of uses which would prejudice the dominance of industry and business in the area or cause the loss of important industrial sites”. Core Strategy Policy CS3 is also relevant and encourages office development in the City Centre. The building is currently a window showroom at ground floor which is classified as being within use class A1, office accommodation is sited above this but is currently vacant. The proposal will actually result in a net loss of office accommodation, however industry and business is still the dominant use in the area and thus the proposal is not contrary to IB9 (a).

247 Core Strategy Policy CS17 encourages “a mixed area that is an academic focus for the University of Sheffield, with complimentary retail and business uses” in the St George’s quarter. Although the proposed building is not related to the University, it provides a mixture of uses, the café in particular is a use not found in the immediate area and thus will contribute to creating a mixed area.

Policy CS24 “Maximising the use of previously developed land for new housing”, places an emphasis on building on brownfield sites, with a target of 88%. The site is previously developed site and the development will therefore help to contribute towards meeting the target.

Policy CS26 “Efficient use of housing land and accessibility” requires appropriate housing densities to ensure the efficient use of land whilst also taking into account the character of the area. In the City Centre, the minimum density required is 70 dwellings/ ha, the scheme exceeds this requirement by a considerable margin.

Design

Core Strategy Policy CS74, Design Principles states that “High-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city…” Furthermore, Policies IB9 and BE5 of the Unitary Development Plan require buildings to be well designed, use high quality materials and be of an appropriate scale.

The building is considered to be well designed, it will utilise high quality materials and respect the scale and form of the area, resulting in a unique high quality development on this key site, which is an important gateway into the city.

The proposed scheme has two distinct elements, which vary in scale and appearance. The first element of the building is sited adjacent to Fagan’s, is three-storeys in height and is to be constructed from brick with a pitched slate roof. This element of the building is of a similar scale to Fagan’s and combines the use of traditional materials with more modern features to ensure the proposed scheme links well with this traditional building and helps to balance the transition between Fagan’s and the seven-storey element of the proposal.

The building then increases to seven-storey’s in height as it steps up the hill, the steps between Fagan’s, the three-storey component of the building and the seven storey component, reinforce the natural topography of the area. Rockingham house is sited on the opposite corner of Rockingham Street and is 7 storey’s high at the point nearest the applicant site. The proposed scheme steps down from Rockingham House, again reflecting the topography of the area. As mentioned previously, a development has been approved directly opposite the site which varies between 4 and 10 storeys. The scale of the building is considered to be appropriate and reflects that of other recently approved schemes in the area.

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The top floor/s are set back from the main facades of the building, this introduces some articulation and breaks up the massing of the building. Furthermore, the stepped nature of the development coupled with design features which include articulated sections between floors and projecting balconies, ensure that the scale/massing of the building is softened.

The seven-storey component of the building is to be constructed from glazing and aluminium cladding; this will result in a building with a very modern appearance, which will form a distinctive element on this key corner. The aluminium cladding system is to be of high quality thus ensuring a finish worthy of this prominent site. The introduction of pressed aluminium panels below each storey will break up the elevations, introducing an interesting horizontal feature. Overall it is considered that the combination of materials and detailing result in a high quality building which will add to the character of the area.

The Well Meadow Conservation Area is situated directly opposite the site, it is considered that the proposal will not have a detrimental impact upon the character of the conservation area.

The Conservation Advisory Group (CAG) have raised concerns regarding the impact of the building on views into the St. Vincent’s quarter from Rockingham Street and its effects on views out of the conservation area. The scheme which has been granted permission opposite the site is 10 storeys high directly opposite Rockingham Street, this is significantly higher than the applicant scheme and would prevent views into and out of St. Vincent’s. Furthermore, the proposed building will not block views down Rockingham Street and as it is lower than Rockingham House will have a lesser impact than this building. CAG also raised concerns about the proposed treatment of the building (materials and the relationship with Fagan’s), these issues have been discussed extensively above and it should be noted that these comments were received prior to the reduction in height of the building.

Residential Amenities

Policy IB9 (b) states that new development should “not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions”

The area surrounding the site is mixed, comprising industrial and residential uses, there is the potential for noise and disturbance, particularly from the industrial uses and as such a noise assessment has been carried out in accordance with PPG24. The noise report identifies the main source of noise as being from road traffic, the site falls within noise exposure category C. PPG24 states that for category C “Planning permission should not normally be granted. Where it is considered that permission should be given, for example because there are no alternative quieter sites available, conditions should be imposed to ensure a commensurate level of protection against noise”.

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It is considered that appropriate conditions can be attached to the application to ensure that living conditions for occupiers are acceptable. The noise levels are likely to be similar to those experienced at other developments nearby, such as Rockingham House. As a precedent for residential development in the area has been set, the noise issues are not considered to be a reason to prevent development of the site.

As the noise identified in the report was mainly from traffic, the introduction of living accommodation is unlikely to prejudice the activities of existing/future businesses and uses within the area. Fagan’s pub is sited immediately adjacent to the development site, owing to the nature of the use of this building, there may be a degree on noise from patrons exiting the pub during the evening. This however, it unlikely to result in excessive disturbance owing to the scale of the pub and is a situation which is not dissimilar to other city centre developments. Furthermore, the pub finishes serving at 23.30, it is therefore likely that it will be shut by 00.30. The city centre Living Strategy states that in the St Georges Quarter bars will generally be permitted to open until 00:30, this guidance is in place to ensure that bars/pubs do not result in adverse living conditions for occupiers of nearby residential properties. As Fagan’s complies with these times, it will not result in an unacceptable relationship between the pub and the proposed development.

The apartments will provide natural light and outlook, ensuring adequate living conditions for occupiers.

The proposed development will retain an adequate separation distance with Rockingham House to ensure it is not overbearing, overshadowing or overlooking to residents. Furthermore, adequate distances exist between the proposed development and the approved development on the opposite side of Broad Lane.

The majority of apartments will have an external balcony which will allow for a small amenity space. Furthermore, two external terraced areas are proposed, one of these is for communal use, whilst the other is split in half, with half being for communal use and the other half for use by occupants of the three bed apartment.

Highways

Four off-street parking spaces, two of which are disabled spaces are proposed to the rear of the building accessed via Boden Lane, this is considered to be acceptable given the central location. Additionally 14 secure cycle spaces are to be created to the ground floor of the building. The site is in a very sustainable location in terms of its central location in close proximity to a range of amenities and service and excellent public transport links.

250 Access

Unitary Development Plan Policy BE7 “Design of Buildings Used by the Public” requires the provision of safe and easy access to buildings for people with disabilities. The access to the commercial part of the building and the residential entrances will be level, with doors of an appropriate width to allow access for people in wheelchairs, thus meeting the requirements of policy BE7.

Policy H7 ‘Mobility Housing’ of the Unitary Development Plan states that a proportion of mobility housing will be encouraged except where the physical characteristics of the site make it impracticable. A total of 7 mobility apartments are to be provided, this is an acceptable proportion of units, and furthermore, the development complies with other requirements of the Mobility Housing Supplementary Planning Guidance.

Sustainability

Core Strategy policy CS64 requires new buildings to be designed to reduce emissions of greenhouse gases and to use resources sustainably. In order to satisfy the requirements of this policy the developer has confirmed that the building will reach a minimum of level 3 in the code for sustainable homes, this will be secured via a condition.

Policy CS65: Renewable Energy and Carbon Reduction of the Core Strategy, sets out objectives to support renewable and low carbon energy generation and also to further reduce carbon emissions. Policy CS65 requires new residential developments to provide a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy providing it is feasible and viable. The applicant has provided a comprehensive development appraisal, which has been independently assessed by the District Valuers Office, showing that it is not viable to provide the sustainability measures required by CS65.

As well as being in a highly sustainable central location close to several modes of public transport the scheme will also include several further features to promote and encourage sustainable design/living, these include the provision of a secure cycle store and a travel plan.

Affordable Housing

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. Although not ideal,

251 it is reflective of these difficult economic times and is a situation that will not be unique to this application.

Open Space

Policy H16 of the Unitary Development Plan requires the developer to make a contribution to the improvement of recreation space in the locality, in line with details set out in the Supplementary Planning Guidance on Open Space Provision in New Housing Development and the City Centre Living Strategy.

The financial contribution for this site amounts to £29,370 and would be used to enhance or create open space within the catchment of the site, following consultation with the Central area assembly.

1. The contribution is relevant to planning. 2. The contribution is essential for consent to be granted. 3. The contribution is proportionate to the scale of the development.

The contribution is to be made in line with the requirements of Policy H16, as outlined above. It is essential for a contribution towards Open Space within the locality to ensure an improved environment for occupiers of the proposed development. The contribution has been worked out on the basis of the number and size of units and thus is proportionate to the scale of the development.

Public Art

A condition will be attached to the application requiring the inclusion of an element of public art within the scheme, owing to its prominent location.

RESPONSE TO REPRESENTATIONS

- The proposed development should not impact upon the functioning of Fagan’s pub, the apartments are to be suitably insulated from noise and will have an alternative means of ventilation. - Furthermore, owing to the opening times of the pub as detailed previously within the report and the scale of the pub, it is not anticipated that there will be a problematic relationship with neighbouring residential occupiers. - It is considered that the design of the proposed building respects the scale of development in the area, particularly owing to its two distinct parts which step up the hill from Fagan’s - The drawings, particularly the contextual drawings are adequate to establish the impact of the development on the street scene - It is not the role of the Local Planning Authority to establish whether there is demand for this type of development in the city

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SUMMARY AND RECOMMENDATION

The scheme is in a sustainable location, within walking distance to the services and amenities of the city centre and good public transport links. The applicant has agreed to meet relevant sustainability criteria in order to ensure that the impact of the development on the environment is reduced and that Core Strategy policy CS64 is met.

The proposal is therefore recommended for conditional approval subject to the completion of a legal agreement.

Heads of Terms

1. A sum of £29,370 shall be paid to the Council towards the enhancement of open space within the catchment area of the site.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 3rd June (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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