CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 18/05/2009 AND EAST PLANNING AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

Chris 0114 2736329 CONTACT POINT FOR ACCESS Kate Mansell TEL NO: 0114 2736141

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

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Application No. Location Page No.

09/01081/FUL Site Of 65-69 Division Street 7 (Renumbered The Point 65-69 Division Street And The Point 1 Division Lane) Sheffield S1 4DB

09/01022/FUL 434-436 Abbeydale Road 19 Sheffield S7 1FQ

09/01017/LBC 122-126 Wicker 27 Sheffield S3 8JD

09/01016/CHU 122-126 Wicker 29 Sheffield S3 8JD

09/00944/FUL 342 Mansfield Road 36 Sheffield S12 2AS

09/00904/FUL 80 Crookesmoor Road 41 Sheffield S6 3FR

09/00893/FUL Princess House 52 124 Queen Street City Centre Sheffield S1 2DW

09/00884/FUL 26 Blenheim Mews 61 Sheffield S11 9PR

09/00879/FUL 28 Steade Road 68 Sheffield S7 1DS

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09/00875/FUL 112 Spa Lane 73 Sheffield S12 4EJ

09/00838/OUT Site Of 116-120 Onslow Road 80 Sheffield S11 7AH

09/00837/LBC (Formerly PP- 80 Crookesmoor Road 91 00683602) Sheffield S6 3FR

09/00809/CHU 49 - 53 Broughton Lane 93 Sheffield S9 2DD

09/00706/FUL 24A Barnet Avenue 102 Sheffield S11 7RN

09/00678/FUL 3 Perigree Road 112 Sheffield S8 0NE

09/00502/FUL 213-219 Fulwood Road And 21 Nile Street 121 Sheffield S10 3BA

09/00360/FUL Curtilages Of 30-34 Birch Farm Avenue 129 Sheffield S8 8GH

09/00359/LBC High Storrs School 138 High Storrs Road Sheffield S11 7LH

09/00358/FUL High Storrs School 149 High Storrs Road Sheffield S11 7LH

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09/00164/FUL 286 Road 174 Sheffield S4 7WZ

09/00093/FUL 277 Fulwood Road 185 Sheffield S10 3BD

08/05963/FUL Land In Curtilage Of 15 Cavendish Avenue 192 Dore Sheffield S17 3NJ

08/05842/FUL 1 - 3 Rushdale Road 202 Sheffield S8 9QA

08/05749/OUT Vantage Park, Sheffield Road 207 (Land Between Lock Lane And 303 Sheffield Road) Tinsley Sheffield

5 6 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE SOUTH AND EAST Planning And Highways Area Board Date Of Meeting: 18/05/2009

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 09/01081/FUL

Application Type A Full Planning Application

Proposal Alterations to first-floor to form No. 6 apartments

Location Site Of 65-69 Division Street (Renumbered The Point 65-69 Division Street And The Point 1 Division Lane) Sheffield S1 4DB

Date Received 03/04/2009

Team CITY CENTRE AND EAST

Applicant/Agent The Harris Partnership Limited

Recommendation Grant Conditionally

Subject to:

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

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

2 Samples of all proposed external materials and finishes, including window frames, cills, vents and look-a-like panels as appropriate shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

3 Notwithstanding the approved plans, prior to the commencement of development large scale details of the following items at a minimum scale of 1:20 shall be submitted to and approved in writing by the Local Planning Authority:

(i) Details of opening lights in the context of the existing glazing and framing system; (ii) Details of the louvered vents; (iii) Details of look-a-like glazing panels.

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

In order to ensure an appropriate quality of development.

4 The residential dwellings hereby approved shall not be occupied until a scheme of sound attenuation works has been installed and thereafter retained to achieve the following noise levels:

Bedrooms - Noise Rating Curve NR30 (2300 to 0700 hours); Living Rooms - Noise Rating Curve NR35 (0700 to 2300 hours)

(Noise Rating Curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5 kHz to 8 kHz), and include a system of alternative acoustically treated ventilation to all habitable rooms.

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

5 Before the residential dwellings hereby approved are occupied, a Validation Test of the sound attenuation works required by Condition 4 shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall:

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

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

8

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

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

In order to ensure 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:

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

S3 - Development in the Central Shopping Core BE5 - Building Design and Siting H16 - Open Space in New Housing Developments

Core Strategy

CS17 - City Centre Quarters CS23 - Locations for New Housing CS40 - Affordable Housing CS64 - Climate Change, Resources and Sustainable Design of Developments

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

9 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

This application relates to the site of the recently completed but presently unoccupied development at 65-69 Division Street, which is now referred to as ‘The Point’. The development is bounded by Division Street to the north, Rockingham Lane to the east, Division Lane to the south and the adjacent buildings at 71 (Green and Benz jewellers) and 73-75 Division Street to the west. The Point extends to five storeys in height with the top floor set back from the front elevation to ensure an appropriate relationship to Division Street. It is constructed in a palette of red and black brickwork and ‘Trespa’ cladding panels in corresponding shades of grey.

The Point presently comprises two commercial units to the ground floor providing 152 square metres of retail space (Use Class A1) and 181 square metres of

10 café/restaurant space (Use Class A3) with a third café/restaurant unit (Use Class A3) of 403 square metres at first floor level. On the second to fifth floor, the development provides a total of 27 residential units comprising 21 x studio apartments and 6 x 1 bedroom flats.

This is a full planning application seeking to alter the first floor of this recently completed development, which is presently designated as an A3 café/restaurant, to create an additional 6 apartments. The applicant has advised that the first floor unit has been marketed for some time prior to the completion of the development without success. It is a substantial A3 unit and in the present economic climate, it is their view that they will be unable to secure an appropriate occupier. In preference to a vacant unit, the applicant therefore seeks to create a further 6 residential units, comprising 1 x studio, 4 x 1 bedroom units (including one mobility unit) and a 1 x 2 bedroom mobility unit, which are considered more marketable in this location.

The existing first floor elevation to the commercial space is extensively glazed to the front elevation with both glazing and cladding panels to the side and rear elevation. This application will result in very minor amendments to the external appearance of the existing building to accommodate a revised glazing and ventilation specification appropriate to residential use comprising the following:

(i) To the front elevation, the introduction of seven opening lights and louvered vents, which will replace either existing glazing or cladding panels depending on their position and will provide ventilation to the proposed residential units. These seven openings lights are spaced across the front elevation and match the ventilation approach to the existing upper residential floors.

(ii) The introduction of three new sets of double doors to the front elevation; one set is situated centrally within the recessed glazed balcony area facing Division Street with the two remaining sets comprising the existing glazed side elevation to the recessed balcony area. These doors will provide access from two of the one- bedroom apartments and from the two bedroom mobility apartment to their own external balcony;

(iii) To the rear elevation, the removal of one cladding panel to be replaced by glazing and the introduction of a further eight opening lights and louvered vents to provide additional light and ventilation to the units at the rear;

(iv) To the Rockingham Lane elevation, the introduction of a further two opening lights and louvered vents to replace existing glazing.

The applicant has advised that all new framing will match the existing window frame details and the new glazing will be installed to the acoustic standards approved as part of the existing residential units.

The Point falls within the City Centre Conservation Area and also lies within the Devonshire Quarter, as identified in the Urban Design Compendium. It is also relevant to note that to the rear, the site adjoins Block 7 of the New Retail Quarter

11 (NRQ) development, which is proposed as a new John Lewis retail store with associated multi-storey car park.

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

06/02808/FUL: Erection of a 1 x 5 storey building comprising A1/A3 at basement, ground and first floor with 27 residential units above. Approved 17.10.2006

06/00798/CAC: Demolition of the existing buildings (unlisted buildings within the Conservation Area). Approved: 17.10.2006

06/00797/FUL: Demolition of existing building & construction of 1 x 5 storey building comprising A1/A3 (Retail/Food & Drink) at basement, ground & first floor with 30 residential units; and 06/00798/CAC: Demolition of the existing buildings (unlisted buildings within the Conservation Area)

Withdrawn: June 2006: These applications were submitted in March 2006 but were withdrawn following concerns raised with regard to design, scale and massing.

00/00926/OUT: Erection of a four-storey office block with conference, café and retail facilities. Approved: 18.06.01

SUMMARY OF REPRESENTATIONS

The application was advertised by way of site notice and press notice as a development affecting the City Centre Conservation Area and by neighbour notification. No representations have been received.

PLANNING ASSESSMENT

This application proposes the alteration of the first floor of The Point from a presently vacant café/restaurant premises within Use Class A3 to create six additional residential units. The principle issues to consider in the determination of this application include the following:

(i) Principle of development – Policy and land use; (ii) Design and the impact on the City Centre Conservation Area; (iii) Amenity for future residential occupiers; (iv) Traffic and highways.

Policy and Land Use

Within the Sheffield Adopted Unitary Development Plan (UDP), the application site is designated within the Central Shopping Area. Policy S3 of the UDP advises that within such areas, shops (Use Class A1), food and drink uses (Classes A3-A4) and

12 housing (Use Class C3) are preferred and in this respect, the application fully complies with Policy S3.

The application site also falls within the Devonshire Quarter Action Plan, which seek to promote a vibrant mixed-use area with city living, niche shops, restaurants and bars. The Action Plan supports the principle of residential development at uppers floors and on this basis, the proposal is considered to be consistent with the aspirations of the Action Plan.

The Sheffield Development Framework Core Strategy was adopted on 4th March 2009 and is also relevant to the determination of this application.

Policy CS17 of the Core Strategy relates to the City Centre Quarters and advises that the distinctive and fundamental roles of different quarters of the City Centre will be consolidated and strengthened. As noted above, the introduction of further residential development as part of a mixed-use scheme within the Devonshire Quarter is considered to consolidate the aspiration to secure a thriving and vibrant area of city living, shopping and leisure. On this basis, the application is in accordance with Policy CS17.

Policy CS23 of the Core Strategy advises on locations for new housing and confirms that new housing development will be focused on suitable, sustainably located sites predominantly within or adjoining the main urban area of Sheffield. Policy CS27 relates specifically to the further expansion of City Centre living as part of a mix of uses, with a mix of tenures and sizes of units, including affordable housing. Policy CS27 promotes housing in a range of areas including around Devonshire Green and it also advises that limited housing will be appropriate in other parts of the City Centre where it is needed as part of mixed schemes to achieve a viable balance of uses. In this case, the proposal is located within a highly sustainable location in accordance with Policy CS23 and it will also form part of a mixed-use development for which the principle of residential development has already been established. The application is a result of an extensive period of marketing of the present A3 use at first floor, for which the applicant has been unable to secure a satisfactory occupier and now seeks the conversion to residential space to preserve the viability of the development in accordance with Policy CS27. It is therefore concluded that the proposal is consistent with the aspirations of the Core Strategy.

Design and impact on the City Centre Conservation Area

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. With specific regard to the Conservation Area, Policy BE15 relates to areas and buildings of special architectural and historic interest and advises that development that would harm the character or appearance of Conservation Areas will not be permitted. With specific regard to Conservation Areas, Policy BE16 advises that redevelopment of sites that detract from a Conservation Area will be encouraged where it would enhance the character or appearance of the Area.

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In this case, the principle of the design and external appearance of the development and its impact on the City Centre Conservation Area has already been established by the previous planning permission, which is now nearing completion on site. This application proposes very minor amendments to the external appearance of the building, principally comprising the installation of a number of opening lights and vents to the existing glazing system at first floor level to accord with building regulations for residential development. The proposed vents and opening lights are consistent with the glazing treatment to the upper floors and are acceptable in principle. There is some concern regarding the installation of the two openings lights to the glazed corner of Division Street and Rockingham Street, which is prominently sited on Division Street and visible from the wider area. However, it is considered that this issue can be satisfactorily resolved through a requirement for further detailed design and material specification in respect of the framing system and vents, which will be secured as a condition of this application.

Amenity for future residential occupiers

In granting planning permission in 2006 for the demolition of the existing office building to enable the mixed-use development of this site for commercial and residential use, a key consideration was the residential amenity of future occupiers in terms of noise and daylight and outlook. The principle concern with regard to daylight and outlook related to the rear elevation on the basis that to the rear of the site on Division Lane is an area designated within the New Retail Quarter outline planning application as the new John Lewis store and multi-storey car park (Block 7), which extends to approximately four and a half storeys in height in relation to The Point.

At the time of granting planning permission in 2006, it was noted that to the rear elevation, the residential accommodation was provided on floors three to five only, which were deemed to be at a sufficient height to ensure that the residential units will receive adequate daylight. To support an application for alterations to the first floor to create further residential accommodation, the applicant was therefore required to undertake daylight calculations to demonstrate that a minimum average daylight factor for each of the units facing the rear elevation at first floor level could be achieved.

The report, undertaken by EDCM Building Services Consultants, utilises the minimum values of daylight set out in British Standard 8206-2 (2008) (Lighting for buildings: Code of Practice for Daylighting)- the minimum average daylight factors noted within the British Standard are also replicated in the Code for Sustainable Homes. In making their assessment, the applicant has assumed the maximum height parameter for Block 7 of the NRQ development, as set out in the NRQ outline planning approval.

The report undertakes an average daylight factor assessment for a typical bedroom and living area within the development and specifically, for the rear studio apartment. This is based on a number of factors including correction factors for the type of window frame, the window areas, the angle of visible sky from each room

14 and the transmission factor of glazing. The results reveal that the studio apartment to the rear façade achieves an average daylight factor of 2.7%, which is above the minimum recommended average daylight factor of 2% for kitchens and 1.5% for living rooms. The living rooms achieve a minimum daylight factor of 1.8% with the bedrooms achieving 1%; this also achieves the minimum British Standard recommended daylight factor of 1.5% and 1% respectively.

It is relevant to note that these standards are considered to represent the minimum daylight levels deemed acceptable. Indeed, following advice from a lighting specialist, the Council sought a minimum average daylight factor of 3% for the student flats approved as part of the Moor Market development as well as a requirement to achieve a minimum of 30% of average daylight factor at the back of all habitable rooms. The lighting specialist in that case advised the Council that reliance on the minimum British Standard assessment will result in rooms still requiring the use of artificial light during the day. In assessing this application, this view has been taken into account but it is considered that the applicant has demonstrated that the three residential units to the rear elevation will achieve the minimum daylight factor standards set out in the Code for Sustainable Homes. It is also relevant to take into account that the applicant has endeavoured to market the first floor premises as an A3 unit for some time but has been unable to secure an appropriate tenant in the current economic climate; the change of use to residential is considered marketable and will ensure that the first floor does not remain vacant. On this basis, the proposal is considered acceptable.

The application has also been assessed in terms of noise insulation in relation to the ground floor commercial units and with regard to acoustic glazing to address the site’s City Centre location. To address the issue of noise insulation between the first floor residential units and the ground floor commercial units, the applicant has resubmitted the Acoustic Report presented with the previous application, which addressed the issue of noise transfer between the commercial and residential units. The applicant has subsequently advised that the building is constructed with a concrete slab between the ground and first floor with a thickness of at least 450mm. This construction achieves a sound insulation performance in excess of recommended standards for the transmission of noise. The noise report does acknowledge, however, that even a concrete floor may not be sufficient to address loud noise events from the ground floor restaurant/retail uses, especially late at night when background noise levels are lower and it is also impractical and uneconomical to construct a separating structure to mitigate against these infrequent events. The report therefore recommends that a specific acoustic clause is imposed in the tenancy agreement between the building owner and any restaurant/retail tenant. It is considered that the recommendations of the Acoustic Report adequately address the issue of noise transmission between the proposed first floor residential units and the ground floor commercial units and will be secured by planning condition.

With regard to façade noise mitigation, the applicant has undertaken a noise assessment in accordance with PPG24: Planning and Noise. PPG24 defines four noise categories against which proposed developments are assessed; in this case, the proposal falls within Noise Exposure Category C, for which PPG24 advises that planning permission should not normally be granted. However, it also states that

15 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. In this case, the principle of residential development has already been accepted in this location subject to a requirement to install glazing to specific noise attenuation standards, which are appropriate to a City Centre development. This has been installed to the satisfaction of the Council’s Environmental Protection Service and it is therefore recommended that an equivalent standard of glazing is installed to the proposed six apartments, which will be secured by a planning condition.

On the basis of the above recommendations, it is considered that the proposed six residential units can be constructed to ensure an appropriate level of residential amenity for future residential occupiers.

Affordable Housing

Policy CS40 of the Sheffield Development Framework Core Strategy advises that in all parts of the City, developers of all new housing developments will be required to contribute to the provision of affordable housing, where it is practicable and financially viable. The supporting text to this policy advises that the requirement will be delivered through the companion policy within the City Policies document and a Supplementary Planning Document. The Affordable Housing Interim Planning Guidance published in October 2008 originally determined the threshold at 2 units or more, which has subsequently been revised to 15 units or more to be consistent with the emerging City Policies. The IPG does state that the guidelines will apply to developments below the minimum size thresholds that would exceed the threshold when combined with an adjoining site(s).

In this case, the application proposes six residential units in addition to the 27 residential apartments already approved, to create a total of 33 dwellings. The six proposed units clearly fall below the current threshold of 15 dwellings or more for which an affordable housing contribution is required. Furthermore, at the time of the submission of the original application for the mixed-use development of this site to provide 27 units in 2006, there was no policy requirement for a contribution towards affordable housing for developments within the City Centre. On this basis, it is considered that this application should be assessed for affordable housing purely on the six units proposed, which is below the threshold for which affordable housing is required.

Traffic and Highways

No car parking is proposed for the additional six residential units on the basis that this is a car free development; the principle of which was established by the previous planning approval. Indeed, this is a highly accessible location with excellent access to local services and facilities and to public transport. It is therefore considered acceptable to allow an entirely car-free scheme given its proximity to the City Centre and wider parking provision.

16 Open Space

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within a kilometre of the application site. Policy CS45 of the Sheffield Development Framework Core Strategy also advises that the safeguarding and improvement of open space will take priority over the creation of new areas and priority for improvement will be given to district parks and open spaces, including the City Centre, Sheaf Valley and Parkwood Springs. The supporting text to this policy advises that improvements will be achieved through grants and, where it is reasonable, through developer contributions. The latter approach is established within the Supplementary Planning Guidance on Open Space Provision in new housing development, which was updated in 2005. The applicant has already contributed £25,055.65 but an additional six residential units generates a requirement for a further contribution of £5896.75. This will be secured by means of a unilateral planning obligation where the applicant will agree to pay the Council the sum of money upon the first occupation of any of the six residential units. The monies will be distributed in consultation with the relevant Area Assembly.

Sustainability

Policy CS64 of the Core Strategy relates to climate change, resources and 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 developments of five or more dwellings should achieve Code for Sustainable Homes Level 3. This application is a conversion of a vacant café/restaurant space rather than a new development and on this basis; Policy CS64 is not applicable in this case. However, Policy CS65 of the Core Strategy, which relates to renewable energy and carbon reduction, applies to both new building and conversions of 5 or more dwellings (including apartments) 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). The applicant has advised that given that the building already exists and was not required previously to integrate renewable technology, and also due to the properties location, none of the commercially available renewable technology is deemed appropriate for use on the site. Furthermore, significant alterations to the structure of the building would not be viable. Additionally, the applicant has advised that this application is principally a consequence of the significant downturn in demand for retail space since the appraisal was approved by the funders. They have also advised that the introduction of residential accommodation at this level will not be profitable in normal institutional investment

17 terms but is considered a preferential solution to a vacant unit. On this basis, it is considered reasonable in this instance to omit the requirements for renewable energy.

SUMMARY AND RECOMMENDATION

This application proposes alterations to the first floor of this recently completed development, which is presently designated as an A3 café/restaurant, to create an additional 6 apartments. The applicant has advised that the first floor unit has been marketed for some time prior to the completion of the development without success. It is a substantial A3 unit and in the present economic climate, it is their view that they will be unable to secure an appropriate occupier. The principle of residential development is fully in accordance with Policy S3 of the UDP, which advises that residential development is a preferred use within the Central Shopping Area and with Policies CS23 and CS27 of the Sheffield Development Framework.

It is also considered that the applicant has sufficiently demonstrated that the proposed units, particularly to the rear elevation which lies adjacent to Block 7 of the New Retail Quarter development (John Lewis store and car park), will achieve minimum British Standards in relation to day-lighting levels and can also achieve sufficient amenity levels in relation to potential noise disturbance through acoustic glazing and concrete floor construction.

The proposed development is also considered acceptable in terms of design and external appearance, which has principally been established by the previous approval. Finally, the development is car-free, which is acceptable as this is a highly accessible location with excellent access to local services and facilities and to public transport. In conclusion, the proposed alteration to create six additional residential units is deemed to accord with relevant planning polices within the Unitary Development Plan and the Sheffield Development Framework Core Strategy and is recommended for approval subject to conditions and subject to a Planning Obligation under Section 106 with the following Heads of Terms:

1. The Owner shall pay to the Council on or before the first occupation of the development the sum of £5896.75 to be used for the provision of open space in the locality of the site.

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Case Number 09/01022/FUL

Application Type A Full Planning Application

Proposal Use of ground floor as a gym (Use Class D2) and a cafe (Use Class A3)

Location 434-436 Abbeydale Road Sheffield S7 1FQ

Date Received 01/04/2009

Team SOUTH

Applicant/Agent Miss S Begum

Recommendation Grant Conditionally

Subject to:

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

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

2 The gym/café shall be used for the above mentioned purpose only between 0900 hours to 2100 hours Mondays to Saturdays, 1000 hours and 2100 hours on Sundays.

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

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

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

b) Be capable of restricting noise breakout from the Use Class A3 use to the street to levels not exceeding:

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

19 ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq,

iii) Be capable of restricting noise breakout from the Class A3 use to the flats above to levels complying with the following:

Bedrooms: Noise Rating Curve NR25 (2300 TO 0700 hours),

Living Rooms: Noise Rating Curve NR35 (0700 to 2300 hours),

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

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

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

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

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

b) Be capable of restricting noise breakout from the building to the street to levels not exceeding:

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

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

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

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

5 The use of the part of building for the purpose of a café shall at all times remain ancillary to the main use of the building for a gym purposes and shall not be used for any other purpose, or used, sold, or sub let as a café on a separate basis.

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

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6 The building shall not be occupied unless sound insulation measures between the proposed gym/café use and the residential accommodation above have been implemented, 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.

Attention is drawn to the following justifications:

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

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

This informative is intended as a summary of the reasons for grant of planning permission.

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.

21 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The application site is located to the west of Abbeydale Road, and comprises two adjoining units in the middle of a terrace of six properties to the north east of the junction of Sheldon Road and Abbeydale Road.

No. 434 -436 is currently vacant, having being recently re-furbished internally. Its most recently use was as the Remar Uk charity shop. There are 2 flats above the premises, in separate residential use. The site is designated as being within a Local Shopping Centre as detailed in the adopted Sheffield Unitary Development Plan.

The application seeks consent to allow for the change of use of the premises from a charity to a mixed use comprising a gym with café area. No external alterations

22 are proposed with the exception of a part of a window having a film applied for privacy.

RELEVANT PLANNING HISTORY

Planning permission was refused in 1996 for the use of the shop as a restaurant. Application No. 95/01231/FUL. – The reason for refusal was the substandard access for car parking at rear.

Planning permission was refused in 2005 for the alteration and extension to form 4 lock up units. Application No. 95/00299/FUL

Planning permission was refused in 1994 for the use of ground floor of buildings as restaurant. Application No. 94/00863/FUL. – The reason for refusal was the loss of 2 A1 shops and highways safety grounds.

Planning permission was granted in 1989 for the use of ground floor flat as extension to retail outlet. Application No. 89/01404/FUL.

Planning permission was granted in 1982 for the alterations to part of premises to form 3 flats. Application No. 82/00036/FUL.

SUMMARY OF REPRESENTATIONS

6 Representations have been recieved in support of the application following neighbour notification of this application. Issues raised include:

- The building has been empty for some time, and an occupied shop is better than an empty shop. - The new idea will bring more foot fall along Abbeydale Road which in the present economic difficulties will be more than welcomed by all businesses of this area. - It’s a good idea, and something that local women need and want. - Owing to cultural needs a single sex female gym is welcomed, and would be an asset and service to the community which is not catered for locally at present. - The gym will serve the local area and is within walking distance. - The gym would bring a large empty shop back into use and smarten up Abbeydale Road. - There is support from the Heeley Asian Womens Group.

PLANNING ASSESSMENT

Policy Issues

The adopted Sheffield Unitary Development Plan identifies the site as being within the Abbeydale Road Local Shopping Centre, with relevant policies being Policy S7 Development in Local Shopping Centres and Policy S10 Conditions on Development in Local Shopping Centres.

23 Policy S7 states that shops (A1) are the preferred use within Local Shopping Centres. Other uses listed as acceptable include cafes (A3) and gyms (D2), subject to conditions in Policy S10.

Policy S10 seeks to ensure, amongst other things, that new development (a) would not lead to a concentration of uses which would prejudice the dominance of the preferred use in the centre, (b) would not cause residents to suffer unacceptable living conditions including air pollution, noise, other nuisance and also (f) would be adequately served by transport facilities.

PPS6 encourages diversity of uses with Shopping Centres. The general principle is to create sustainable environments in the form of vibrant, diverse centres that can offer a range of facilities.

Dominance Issue

The proposal will result in the removal of a currently vacant double A1 retail unit, and replacement by a gym/cafe. Therefore, the scheme involves reduction in the A1 provision within the Local Shopping Centre.

The council’s policy intends to maintain at least 50% of ground floor units in the preferred retail use. The most recent survey of the local centre was carried out in February 2009, and revealed that 53% of units were in an A1 use, and 15% of units were vacant.

Therefore, the proposed change of use enable A1 shop uses to remain dominant within the Local Shopping Centre.

Furthermore, the proposal appears to be primarily a day time operation, and will maintain footfall within the Shopping centre during the day, on a section of terrace which has a mixed day time use.

Neighbour Amenity Issues

There are 2 flats above the premises at first and second floor level. These are under separate occupation and do not relate to the proposed ground floor use.

Abbeydale Road is a busy arterial route, with a number of uses, restaurants, takeaways, public houses and a Tesco Express within the vicinity, which leads to a reasonably high noise back ground noise late into the evenings.

This application seeks opening hours of both the gym and cafe of 9 am until 9 pm 7 days a week. It is not considered that these opening hours will impact negatively on occupiers of the properties above.

There is potential for noise transfer between the ground and first floor accommodation and in order to address this a suitable sound attenuation condition is proposed.

24 The level of cooking within the cafe is detailed as being on a domestic level, and a flue is therefore not required. If the level of cooking is to expand, a separate application will be required for the installation of a flue. Furthermore, the cafe shall be restricted to be ancillary to the gym use. This is owing to the position of the level access, and shared facilities.

The proposal would be satisfactory in relation to part (b) of Policy S10.

Impact on Street Scene

Sections of the existing windows are to be fitted with a frosted film and logo to restrict views into the building. This development does not require planning permission. No other external alterations are proposed to the building having a neutral impact on the character of the street scene.

Mobility Issues

There is an existing access ramp at the front of the property. This application does not seek to change the access arrangements. A double width door is provided which is satisfactory to enter the building.

Highway Issues

The proposal does not involve any off-street parking, and whilst there are waiting restrictions on Abbeydale Road and Sheldon Road, there are not any on the surrounding streets. As such it is probable that some additional on-street parking will occur on these roads.

It should also be noted that the location of the site is accessible to frequent public transport service, and that there is a significant residential catchment in the immediate vicinity from where customers would be able to walk to the site.

Furthermore, an informal verbal agreement has been made between the applicant and the Heeley Baths, for the use of the Heeley Baths car park which is on the opposite side of Abbeydale Road. This can not be conditioned, owing to this being an informal arrangement and does not fall within the site boundary.

Therefore, whilst there are some limitations to the proposal, it is not considered that the implications on the local highway network would be sufficient to justify a refusal of the scheme on highway grounds. The proposal is considered to be acceptable in highway safety terms, not having a significant additional impact upon on-street parking levels within the immediate vicinity of the application site. Therefore, the scheme is considered to satisfy the provisions of element (f) of Policy S10 of the Unitary Development Plan.

RESPONSE TO REPRESENTATIONS

In relation to the points not covered in the above assessment the following points can be made.

25 The use of the gym is detailed as being a women’s only gym. It is up to the management of the gym to determine whether restrictions are to be placed on membership, i.e. women only, and it is not a planning matter, and would be unreasonable to restrict the use through condition.

SUMMARY AND RECOMMENDATION

The proposal would result in the loss of a retail unit (a preferred use) and replacement by a gym/cafe in the Abbeydale Road Local Shopping Centre. The proposal would reduce the balance of shops to non-shops, but retail uses would remain dominant within the centre. The proposal would comply with policy S10 (a) in this regard.

Overall, on balance it is considered that the proposal is not likely to have a significant impact upon levels of noise and disturbance and would not significantly harm the amenities of nearby residents.

The scheme would not be considered to result in significant levels on on-street parking, which would warrant a refusal of the scheme.

The proposal is therefore considered to comply with the provisions of UDP policy S10, and conditional approval is recommended.

26

Case Number 09/01017/LBC

Application Type Listed Building Consent Application

Proposal Works associated with change of use from shop to restaurant

Location 122-126 Wicker Sheffield S3 8JD

Date Received 31/03/2009

Team CITY CENTRE AND EAST

Applicant/Agent Tatlow Stancer Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 Notwithstanding the submitted plans, prior to the commencement of development details of the proposed alterations to the shop front, including materials and colour finish shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details unless otherwise agreed in writing.

In the interests of the visual amenities of the locality.

3 The premises shall not be used unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed full details shall have been submitted to and approved in writing by the Local Planning Authority. After the 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.

Attention is drawn to the following justifications:

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

BE5 - Building Design and Siting BE19 - Development affecting Listed Buildings

This informative is intended as a summary of the reasons for grant of planning permission.

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

FOR REPORT SEE 09/01016/CHU

28

Case Number 09/01016/CHU

Application Type Planning Application for Change of Use

Proposal Change of use from shop to restaurant (use class A3)

Location 122-126 Wicker Sheffield S3 8JD

Date Received 31/03/2009

Team CITY CENTRE AND EAST

Applicant/Agent Tatlow Stancer Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 The use of the building shall be in accordance with Class A3 (Restaurants) of the Town and Country Planning Use classes (Amendment) Order 2005.

In the interests of the amenities of the locality.

3 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 3 dBA when measured as a 15 minute LAeq, (ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, at points to be determined by the Local Planning Authority.

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

4 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 to 0900 hours Sundays and public holidays.

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

5 Any opening windows and shutters shall be kept closed between 2000 hours and 0700 hours and shall not at any other time be opened without the prior written agreement of the Local Planning Authority.

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

6 Any fire exit door shall only be open as an emergency and shall not at any time be left standing open.

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

7 No movement or sorting or removal of waste, bottles, materials or other articles shall be carried on outside the building within the site of the development between 2300 and 0700 hours.

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

8 The building shall be used for the above-mentioned purpose only between 0900 hours and 0300 hours on any day.

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

9 The premises 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 full details shall have been submitted and approved in writing by the Local Planning Authority. After the 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.

10 Notwithstanding the submitted plans, prior to the commencement of development details of the proposed alterations to the shop front, including materials and colour finish, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details unless otherwise agreed in writing.

In the interests of the visual amenities of the locality.

30 11 The development shall be carried out in accordance with the Flood Mitigation Measures identified in the Flood Risk Assessment prepared by Tatlow Stancer Architects received on the 31st March 2009, unless otherwise agreed in writing with the Local Planning Authority.

In the interest of appropriate flood prevention.

Attention is drawn to the following justifications:

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

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting BE19 - Development affecting Listed Buildings

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. The applicant should be aware that any proposed signage on the building may require advertisement consent/listed building consent and you are advised to contact the Planning Department 0114 2734215 for advice prior to installing any signage.

31 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The application site is located on the eastern side of the Wicker adjacent to the Wicker Arch. The site comprises of a three storey Grade II listed former bank and house. The building is currently vacant, having last been used for the retail sale of furniture. To the rear of the building are a series of two storey and single storey off shots and a small yard area used for storage. The rear of the site backs onto a parking area and outside play area associated with the nursery which operates from the adjoining building 110 – 118 Wicker. The upper floors of the building are currently vacant, having previously been used for storage associated with the ground floor retail use.

32 The application site lies within the Central Shopping Area as defined in the adopted Sheffield Unitary Development Plan (UDP). The locality is characterised by diverse selection of restaurants (A5), hot food takeaways (A3), retail (A1) and public houses (A4).

It is proposed to convert the ground floor former shop unit into a restaurant (Use Class A5), and replace the existing shop front. An extraction flue is also proposed to the rear of the building.

RELEVANT PLANNING HISTORY

01/00318/LBC – 122 Wicker – Demolition of single storey rear extension and erection of rear single storey extension – Granted Conditionally.

01/00315/FUL – 122 wicker – Single Storey rear Extension to retail shop – Granted Conditionally

SUMMARY OF REPRESENTATIONS

No letters of representation have been received.

PLANNING ASSESSMENT

The application site lies within the Central Shopping Area as defined in the adopted Sheffield UDP. Policy S3 of the UDP (Development in Central Shopping Area) describes food and drink uses as a preferred land use. However, Policy S10 (Conditions on Development in Shopping Areas) advises that development in Shopping Areas should not cause residents to suffer from unacceptable living conditions, including disturbance from noise.

Policy BE5 (Building Design and Siting) primarily seeks to ensure that all developments are well designed and respect the scale, form and detail of the original building where appropriate.

Policy BE19 (Development Affecting Listed Buildings) seeks to ensure that all new internal and external alterations to listed buildings preserve the character and appearance of the building, and where appropriate preserve or repair original details and features of interest.

Principally the use of the building for a restaurant is acceptable in accordance with Policy S3. Therefore, the main issues for consideration are the impact of the external alterations on the appearance of the listed building and potential noise and disturbance issues.

Design Issues

The existing building is in a poor state of repair and has been vacant since 2006. No changes to the bank elevation are proposed, other than the removal of the existing signage and potential repair or renewal of the existing timber sash windows with like for like replacements should this prove necessary. The 20th

33 century existing shop frontage and roller shutter of the former house will be removed and replaced with a simple stone façade with full height shop frontage in order to provide level access. The original stepped entrance will remain and be used as emergency access only. Internally, changes are kept to a minimum, with the former bank vaults converted into dining booths. The proposed external alterations are considered to improve the current appearance of the building and comply with Policies BE5 and BE19.

Extraction and Amenity Issues

Vented extraction is proposed to be attached to the rear of the building, taken through the roof of an existing single storey off shot which will accommodate the kitchen; the flue will then be taken up the rear elevation of the building. The extraction details are appropriately designed and do not compromise the appearance or character of the building. Should the first floors of the building become occupied for residential accommodation, the flue is located in such a position that it would not harm the amenities of future residents.

Hours of use

The applicant is proposing to change the use of the building in order to increase the marketability of the unit and therefore no specific hours of use have been proposed. The building is located in a busy commercial street frontage with a number of other similar A5 and A3 uses operating in the locality. The closest residential properties are located approximately 200 metres away on the Wicker above existing A3 and A5 units. Therefore the development is unlikely to give rise to any significant noise or disturbance that would affect the amenity of residents. Due to the site’s location close to a major traffic route, there are also high levels of background noise. There are varying hours of operation of established A3 and A5 uses within the local shopping area with some extending to 5am in the morning, all be it on temporary consents which are subject to review after 12 months. Given the site’s isolated position at the end of the shopping area, and the established precedent for late night uses in the vicinity, a 3am seven days a week consent is considered appropriate in this case.

Flood risk

The site lies in Flood Zone 3a as defined on the Environment Agency’s Strategic Flood Risk mapping system. Restaurant (A5) and takeaway uses (A3) are considered less vulnerable uses which are acceptable in Zone 3a provided suitable flood defence measures are considered and incorporated into the development. The EA have lifted their objection to the proposal following confirmation that flood proofing measures to include damp proofing and flood boards are to be incorporated.

SUMMARY AND RECOMMENDATION

The site lies within the Wicker area of the Central Shopping Area. The application seeks permission to change the use of the ground floor of an empty retail unit (A1)

34 and use it as a Restaurant (A3). The change of use is considered acceptable in the policy area.

The building is located in an isolated position at the end of the shopping area away from any established or newly proposed housing. The area has an active and established night time economy. This additional A5 use is not considered to give rise to any additional noise and disturbance or affect the amenities of adjoining properties. The development is therefore considered to accord with Policy S10

The proposed alterations to the external appearance of the listed building are considered to enhance its appearance, removing an existing shop front which detracts from the character of the building and inappropriate signage.

In view of the above, the proposals are considered to comply with the relevant UDP policies and national policies/guidance. It is recommended that planning permission and listed building consent are granted subject to conditions.

35

Case Number 09/00944/FUL

Application Type A Full Planning Application

Proposal Use of building as off license/video shop (A1 Use Class) and hot food takeaway (A5 Use Class) including provision of rear extraction flue

Location 342 Mansfield Road Sheffield S12 2AS

Date Received 30/03/2009

Team SOUTH

Applicant/Agent Space Studio

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development would be detrimental to the amenities of the locality and to the living conditions of nearby residents owing to the noise, smells, litter and general disturbance which would be generated by the use of the building for the purpose of a hot food takeaway. The proposal is therefore contrary to Policy H14 of the Unitary Development Plan.

36

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The site comprises a former end terrace house that has been converted into a single shop unit, currently used for video rentals and the sale of alcohol. It is a two storey stone building with a pitched roof, elevated from the footpath at the front. The site faces directly onto Mansfield Road close to the crossroads with Hollinsend Road.

To the north is an adjoining terraced house, to the south is a public house and associated car park and to the rear is further residential development. There are full traffic restrictions in the form of double yellow lines on both sides of the road in front of the site and a considerable distance along the road in both directions. In addition, there is a bus stop opposite the site across the road and traffic lights at

37 the Hollinsend Road junction. Beyond the bus stop is a Co-op Store with a car park at the side.

The proposal, as amended is to supplement the video store and alcohol sales with use as a hot food takeaway (Class A5 use). The amended scheme proposes that the use would close at 2300 hours each night apart from Sundays and Bank Holidays when this would be 2230 hours. The original proposal showed an unacceptably prominent external flue on the flank wall but this has been relocated internally through the chimney. Also, concerns about potential noise impact on the occupiers of the flat on the first floor have been resolved in that occupation of this would be limited to those working at the ground floor use. There is no off-street parking proposed.

This report concentrates on the impact that would be generated by the additional hot food takeaway element of the use.

REPRESENTATIONS

Two letters have been received from neighbours.

- concerns about alcohol sold to juveniles - refuse might be thrown into the adjoining pub car park - proposal is not a good use next to residential properties - the area does not need any more hot food takeaways - late night noise - flue at the rear would affect quality of life of neighbours.

PLANNING ASSESSMENT

Policy Issues

The adopted Unitary Development Plan (UDP) shows that the site is within a Housing policy area with a local shopping centre opposite the site across Mansfield Road.

Policy H10 deals with development in housing areas and this states that, although residential is the preferred use, food and drink outlets are acceptable uses. Policy H14 – Conditions on Development in Housing Areas – states that where there is a change of use there should be no nuisance to neighbours and appropriate off-street parking.

The Sheffield Development Framework Core Strategy has been adopted but none of the policies specifically relate to this application.

Design and External Appearance

The exterior of the building would not change. The scheme, as submitted, included a highly visible extractor flue mounted on the flank wall of the building, which was unacceptable in visual terms. This has now been placed inside the building terminating out of the chimney which is an acceptable solution.

38

Potential Noise and Disturbance

The site fronts onto a busy road and during the day and early evening there would be considerable background traffic noise. Also, there is a public house on the southern side and it is likely that noise would occur associated with this. The site is at the end of a terrace and there is an issue of whether or not the adjoining residence and others in the vicinity will suffer from unacceptable noise and disturbance from this proposed change of use.

The applicant has stated that the use would operate until 2300 hours on weekdays and Saturdays and 2230 hours on Sundays and Bank Holidays. Given the close proximity to the residential properties and the time that would be necessary for clearing up and closing the premises, then it is considered that unacceptable noise and disturbance would result. In reaching this opinion, your officers have also given weight to the fact that there are full parking restrictions outside the site and cars would have to park up the road in front of houses and it is likely that conversation and car doors slamming would add to noise directly from the premises. In addition, a common consequence of hot food takeaway uses are gatherings of customers outside the property and the noise associated with this cannot be readily controlled.

Consequently, the proposal would be contrary to Policy H14 of the UDP.

Parking and Access

There is a public house next door and the site is within walking distance of many houses, so much of the trade will be pedestrians. However, the site fronts onto a major arterial traffic route in and out of the city and is likely to attract passing trade. There are full parking restrictions on both sides of the road but it is possible that some customers may ignore this. However, there is on-street parking available quite close by so cars could park there. Also, there is a possibility of temporary parking in the pub car park next door and the Co-op opposite and the applicant has suggested this as a way of resolving this issue.

The lack of parking and possible parking in restricted areas is not ideal in terms of highways safety but, on balance, it is considered that this is not sufficient to merit refusing the application on highways safety grounds.

SUMMARY AND RECOMMENDATION

This application proposes a change of use to incorporate a hot food takeaway with opening hours being until 2300 hours weekdays and Saturdays and 2230 hours on Sundays and Bank Holidays. The site faces a busy road and there is a public house next door, which will give rise to some background noise affecting residents. The site adjoins a terrace of houses and it is considered that there would be an unacceptable level of noise and disturbance from the proposal that would cause harm to the adjoining residences over and above existing noise levels.

39 Consequently, the application is contrary to Policy H14 of the adopted UDP and is recommended for refusal.

40

Case Number 09/00904/FUL

Application Type A Full Planning Application

Proposal Demolition of existing extension to Coach House, new extension to Coach House and alterations to Vestry Hall to form shared student living accommodation and provision of landscaping works

Location 80 Crookesmoor Road Sheffield S6 3FR

Date Received 23/03/2009

Team SOUTH

Applicant/Agent Adam Khan Architects

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development by virtue of its design, external appearance, scale, mass and poor detailing would detract from the special architectural and historic interest of the character and appearance of Vestry Hall, Crookesmoor Road, a Grade II Listed Building and its curtilage and setting. In this respect the proposal is contrary to Policies BE15 and BE19 of the Unitary Development Plan.

2 The Local Planning Authority consider that the proposed development would constitute an overdevelopment of a site of restricted dimensions which would result in an unsatisfactory environment for occupiers of the proposed accommodation due to overlooking and detrimental impacts upon privacy from other occupiers of the proposed accommodation. This would be contrary to Policy H5 and H14 of the Unitary Development Plan.

41 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

This report relates to both planning application 09/00904/FUL and the associated listed building application 09/00837/LBC.

The application relates to the former Crookesmoor Vestry Hall and Caretaker’s House, located at the junction of Crookesmoor Road and Roebuck Road. The Grade II Listed Building was built in 1865. The building has not been used as a vestry hall for some time, and is now vacant and is deteriorating in physical terms.

The site itself is relatively flat, however, the surrounding land slopes upward toward the north-west along Roebuck Road and to the south-west along Crookesmoor Road. The site is partly surrounded by a stone wall with some railings.

42 The surrounding area is predominantly residential, with the adjoining site to the north-west being a Residential Nursing Home. The building on the opposite side of Crookesmoor Road at Num.145 serves as a Training Centre, and is also a Grade II Listed Building. In close proximity to the site are Ponderosa and Valley Parks and numerous University buildings.

It is proposed to provide within the former Vestry Hall a total of 3 self-contained student flats. Flats 1 and 3 would each include 7 bedrooms and Flat 2 would have 5 bedrooms. This would involve the insertion of new floors within the portion which is currently a double/triple height space, the provision of two new staircases, the removal of existing staircases, removal of internal partitioning walls and internal subdivision. Externally a new window would be inserted at the rear elevation, and a total of 11 velux rooflights would be added to the front and rear facing roofslopes.

Flat 4 would take the form of a two storey extension to the Coach House building located at the rear of the main building, which would be retained. The extension would be flat roofed, with a mixed sedum green roof.

The intervening area between the main building and the extended coach house would be paved and landscaped. This would involve the removal of an existing cypress tree. A total of four parking spaces would be provided directly from the existing access gates onto Crookesmoor Road, using land currently front garden space. The applicant has highlighted that the site has good links to existing public transport, and is within easy walking distance of the shops and Sheffield University.

RELEVANT PLANNING HISTORY

07/00899/LU1RG3, Establishing the lawful use of building as a dwellinghouse (Section 191), 27.04.2007 – Granted

07/00975/LU1RG3, Establishing the lawful use of building for storage purposes (Section 191), 27.04.2007 - Granted

SUMMARY OF REPRESENTATIONS

3 letters of representation have been received in response to this application, including 1 representation from English Heritage confirming that they do not wish to offer any comments.

The other representations can be summarised as below:

- High level of student accommodation in area. Proposal contrary to Sheffield Development Framework Policy CS41. Also contrary to the Student Residences Strategy. - Student accommodation incompatible with Residential Care Home next door. Rooflights harm appearance of the listed building. - Construction of two storey building at rear is overdevelopment and overpopulation of the site. 19 people within main building is already an excessive number. Building would harm setting of the listed building, block views of it and lead to loss of open space.

43 - Green roof inappropriate for the setting. - Foundation digging would potentially undermine Vestry Hall retaining wall, and tree within the adjoining site. - Parking bays would damage setting of listed building, and damage trees. Numbers proposed would not be sufficient for 29 students. - Proposed open space would be inadequate, and developers should be made to contribute to enhancements at a local park. - Hall is of an age which may mean bats use it. No consent should be granted until this issue has been assessed. - Two storey new build includes fire exit onto neighbouring land. This has not been agreed by owner of the neighbouring land and should be resolved before the application is determined. - Impact on trees in application and neighbouring site not assessed. A Tree Impact Assessment should be carried out. - Sedum roof should be controlled so any failed growth is replaced.

The application was reported to the Sheffield Conservation Advisory Group. The comments made were as follows:

The Group felt that any use of the buildings leading to the retention of their existing form would be preferred. The Group was concerned at the roof structure, particularly the proposed number of roof lights. The Group felt that the new extension was overdevelopment and its fenestration was unacceptable. The Group also considered that the sub-division of the interior of the Vestry Hall and the external treatment of the coach house were also unacceptable. The Group felt that the coach house had been designed in an "independent villa" form and that the treatment of the internal features of the coach house, such as its fireplaces, should be carefully scrutinised and the development, in its present form, was unacceptable.

PLANNING ASSESSMENT

The application site is located within a Housing Policy Area as defined in the Sheffield Unitary Development Plan. Policy H10 of the Development Plan deals with “Development in Housing Areas” this policy states that housing is the preferred use within such areas.

Policy H5 of the UDP deals with “Flats, Bed-sitters and Shared Housing”, and therefore, this proposal must be considered against this policy. Policy H5 stipulates that a concentration of these types of uses must not cause serious nuisance to existing residents; that the living conditions for the intended future occupants of the flats and the existing neighbours will be satisfactory and; that there would be appropriate off street parking for the development.

Policy H14 of the UDP relates to the “Conditions on Development in Housing Areas” and states, amongst other things, that: new development should be well designed and in scale and character with neighbouring buildings, the site should not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the

44 neighbourhood and it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians

BE15 of the UDP relates to “Areas and Buildings of Special Architectural or Historic Interest”, and states that development which would harm the character or appearance of Listed Buildings will not be permitted.

BE19 of the UDP relates to “Development affecting Listed Buildings” and states, amongst other things, that proposals for internal and external alterations will be expected to preserve the character and appearance of the Listed Building, and where appropriate preserve original details and features of interest. Proposals for development within the curtilage of a listed building will be expected to preserve the character and appearance of the building and its setting. It also states that the original use of a Listed Building will be preferred but other uses will be considered where they would enable the future of the building to be secured.

The Sheffield Development Framework Core Strategy Document includes policy CS41, which relates to “Creating Mixed Communities” and states where the community is already imbalanced new or conversions to purpose built student accommodation and Houses in Multiple Occupation will be limited. It states that further shared housing will be limited where more than 20% of residences within 200 metres of the application site are currently shared housing.

Impact on the Locality and Neighbouring Residential Amenities

Policy CS41 of the Sheffield Development Framework Core Strategy document, seeks to create mixed communities by limiting the proportion of housing within 200metres of an application site which is shared housing to 20% of the total residences. Data shows that there are 504 address records within a 200m radius of the site, 67 (13.3%) of which are identified as being shared housing. Thus, the proposal would be acceptable in regards to this policy.

Therefore, the implications of student accommodation at the site are acceptable in terms of their impacts on the tenure mix within the wider area.

In addition to this the issues affecting neighbouring properties are also relevant. Some concern has been raised about student lifestyles harming amenities of neighbouring occupiers, which include the Residential Nursing Home at the adjacent site and dwellings to the north-east.

The outdoor courtyard area would serve as the main amenity area, and outdoor usage of this space would be likely. Some noise would be created within this area during certain times. The main impact of this noise would be prevented from escaping to the Residential Care Home, by the two storey building located at the boundary. The Care Home is also blank on this side elevation further reducing noise intrusion. The dwellings to the north-east may experience some noise impact. These dwellings are set at a much lower level than the site, and separated a distance of approximately 20metres. A reasonably substantial boundary wall would serve to mitigate some of this noise escape. This relationship would be

45 considered to be acceptable, and to prevent a detrimental impact upon the amenities of these neighbouring occupiers.

In respect to overlooking no additional opportunities would be expected to arise in regards to the Residential Care Home, due to the oblique angle of views and the proposed two storey building acting to block many such views. The proposed rooflights are shown as being set too high on the roofslope to allow downward views out from them.

With regards to the dwellings to the north east the relevant windows in the application building would become subject to greater usage than they previously were. The distance of separation combined with the elevated position of the application building would be considered to make any views very angled and consequently they would not be considered to lead to a detrimental loss of privacy impact on amenities of these neighbouring occupiers.

The two storey building element of the proposal would project by a distance of approximately 11metres beyond the bay window at ground floor level of the Nursing Home. Due to the level difference between the two sites the first floor level of the proposed building would be equivalent to the ground floor level of the nursing home. The proposed building would therefore be equivalent to a single storey extension in regards to its impacts upon the neighbouring care home. Existing views from this bay window currently look predominantly out onto the car parking area for the nursing home, and to a lesser extent a grassed seating area. This relationship is considered to be acceptable and to avoid an overbearing impact. No p.m. sunlight would be lost by the proposal building. Therefore, the scheme is considered to be acceptable in this regard.

Overall, the proposal is considered to be acceptable in regards to the relevant element of UDP policy H14.

Listed Building Issues

The proposed works to the main building at the site involve some relatively significant sub-division, including the insertion of floors within the existing hall space and significant alteration of the existing layout. The subdivision and installation of floors is done in such a way as to avoid any of the proposed new floors/walls cutting through existing windows. This is considered to be acceptable and to avoid a harmful impact upon the character of the listed building.

The proposed amendments to the layout involves the removal of original staircases. This is considered to constitute an overly invasive amendment to the listed building’s internal layout. It is instead considered that the existing staircases (with accompanying landing at first floor level) should be retained as part of any proposal. This element of the proposal would be considered to conflict with policy BE19.

A further proposed alteration to the listed building is the insertion of a new window at first floor level on the rear elevation. This insertion would be considered to represent an unacceptable addition to the listed building. It would be visible from

46 public vantage points. Similarly, this element of the proposal would be considered to fail to comply with the provisions of UDP policy BE19.

Similarly the proposal involves the addition of a total of 11 rooflights (5 at front, 6 at rear). This number of rooflights is considered to be excessive upon the roof of the listed building and to a have a detrimental impact upon its character. As such this element of the proposal would be considered to be unacceptable.

In relation to the building works to the rear, it should be noted that this coach house is not in itself listed. However, it is within the curtilage to the listed building and as such any works have the potential to affect the setting of the listed building. The existing coach house is proposed to be retained, however, the existing extension to this is shown as being removed within the proposal. This part of the building, whilst in a state of poor repair does not appear to be structurally unsound and therefore to allow demolition would be premature at this stage. No listed building statement justifying the removal of this part of the building was made. It is considered that if at all possible this part of the building should be utilised as part of any scheme at the site.

The proposed two storey building would be highly visible from public positions, from where the close relationship to the main building would be apparent. This element of the proposal would be considered to be overdevelopment of the curtilage of the listed building, having a detrimental impact on it setting. The purpose of this part of the proposal as enabling development is noted, however, the impacts of the proposal are considered to be unacceptable. Therefore, this element of the proposal would be considered to be contrary to the provisions of policy BE19 of the UDP.

The proposed parking area would be visible from the Crookesmoor Road frontage, however, the need to provide some parking provision is understood and it is considered that subject to appropriate materials being used this aspect of the proposal would be acceptable and satisfactory in relation to policy BE19.

Overall, the proposal would be considered to fail to satisfy the provisions of UDP policy BE19. Therefore, the application is considered to be unacceptable.

Amenities for Potential Future Occupants

The internal room layout and facilities given internally are considered to be reasonable and to provide a reasonable living environment. The bedroom spaces are acceptable, and the communal facilities would also supplement this provision. The rooms are served by windows giving a reasonable outlook and natural ventilation. The rooms in the attic are served by rooflights, which are shown as being set above floor level by a height which would prevent an outlook been achieved. Whilst not ideal this aspect of the proposal is considered to be acceptable.

In external terms the scheme would incorporate amenity space, measuring approximately 24m x 6m. In terms of the overall space provision this would be considered to be adequate. However, it is considered that the proximity of this

47 provision to ground floor rooms would lead to some detrimental impact on the amenities of other occupants. The detrimental outcome arising from the external space provision would be considered to be a negative outcome of the proposal.

The interlinkages between the various respective flats proposed would be considered to lead to some concern. At ground floor level the separation distances between directly facing bedroom/communal area windows range from 7m to 10m. This would be well below the guideline separation distance of 21m. Whilst a case could be raised for an acceptable distance being below 21m, it is considered that the windows in this case would be too close. The shared nature of the amenity space, and the nature of the student accommodation falling under one management arrangement would form such an argument, but this would not be considered to justify such separation distances.

Overall, the proposal would be considered to fail to provide potential occupants of the units with adequate living conditions. Therefore, the scheme would fail to satisfy the provisions of policy H5 in this respect.

Highway Issues

The site is located outside the Crookesmoor residents parking scheme and the surrounding streets are subject to significant levels of on street parking. The proposal involves 4 off-street parking spaces, which will not be available for residents other than disabled occupants/visitors and other visitors to the site. However, a question has been raised regarding the acceptability of the two mobility parking spaces meaning that the number of visitor spaces is likely to be reduced to 1 to allow reconfiguration of the mobility spaces.

The current parking guidelines suggest that an appropriate level of off—street parking would be in the range of 6 to 8 spaces. It would therefore be expected that the majority of parking demand created by the proposal would occur on street. Further on-street parking is not desirable in this location, however, the street is considered to be capable of accommodating a degree of additional parking, and as such it is not considered that the issue would be capable of supporting a reason for refusal of the application. As part of the assessment of this matter it is noted that the site is within 800-1000m of the main University of Sheffield Campus, which would be considered to be represent a relatively acceptable walking distance. Additionally, the site is also served by a relatively frequent public transport service.

As such the proposal is considered to be acceptable in terms of its implications upon highway safety.

Open Space Contribution

Given that the proposal seeks consent for five or more houses UDP Policy H16 requires that an appropriate contribution is made toward the provision or enhancement of open space within the catchment area to the site. The catchment area has been assessed and is below the minimum threshold for informal and formal recreation space, and therefore a contribution toward provision of open space would be required.

48

The financial contribution therefore required for the development is £14,188.25, and this would be secured by the submission of a legal agreement. Such an agreement has not yet been received, however it is anticipated that it will be obtained before the date of the Board meeting.

Landscaping Issues

Within the site at its rear portion there is scrub, saplings and conifer. There is no objection to the removal of this landscaping.

Within the Nursing Home site there is a large tree in close proximity to the northern perimeter of the site. The land level at this neighbouring site is set sufficiently above the application site level to avoid any damage to roots of this tree. However, it is expected that some pruning of it may be necessary in order to allow construction of the two storey building. This would not be considered to give rise to any objection in public amenity terms.

The proposed parking area has the potential to impact on trees within the frontage to the site. In order to avoid detrimental impact the use of permeable paving would be required. No level change should be carried out in this area to avoid harm to trees. Due to the removal of trees and landscaping at the rear, it is suggested that an extra heavy standard tree should be planted in the grass area at the Crookesmoor Road frontage. Conditions covering these issues can be incorporated within any consent which may be granted in this instance.

Mobility Issues

It is noted that the accessible parking spaces do not meet current standards, as access zones should be provided on both sides. It is not clear that this can be achieved, whilst providing a total of 4 spaces in this area.

Steps accessing Flats 2 and 3 should be upgraded as closely as is reasonable practicable to current standards, to maximise the number of people who can use them. Any upgrade would be required to be sensitive to the historic and listed nature of the building.

300mm of clear wall next to the leading edge of single doors is not provided at the rear external door leading to flats 2 and 3. The amendment required to address this issue is minor, but has not been pursued due to the more significant concerns regarding other elements of the proposal.

The bathrooms to flats 2 and 4 do not meet current standards. The concerns regarding these bathrooms would be addressed by simple modification of layouts and door swings.

Overall, the scheme is considered to be acceptable in regards to mobility issues, subject to resolution of these points.

49 Sustainability

The site is located in a sustainable location in that it consists of a previously developed site, in close proximity to a wide range of facilities, and to a range of frequent public transport options.

Information has been submitted demonstrating a commitment to promoting sustainable forms of development, these measures include:- the provision of a green roof planted with sedum and native wildflowers, and the incorporation of cycle parking provision.

Affordable Housing Issues

The proposal involves 29 student bed spaces which is considered to be equivalent to 7/8 conventional households as defined within the Affordable Housing Interim Planning Guidance which seeks to secure affordable housing on schemes of 15 units or more. Therefore, the current proposal is not subject to the provisions of this Interim Planning Guidance.

RESPONSE TO REPRESENTATIONS

The majority of points have been assessed in the above assessment. With regards to the outstanding items the following points can be made.

The point relating to bats is noted. It is considered to be appropriate that within any consent granted it should be required that an ecological survey is carried out prior to the commencement of development and mitigation for any bat presence found at the site should be provided.

Regarding the fire exit from 1st floor level onto neighbouring land, it is considered that this is not a material planning consideration. However, were an agreement with owner’s of the neighbouring site not reached, the two storey building/extension may be unfeasible due to this factor.

SUMMARY AND RECOMMENDATION

The application seeks planning permission and listed building consent for the works to provide a total of 4 self-contained flats, providing a total of 29 student bedspaces. This would involve works to the listed building and the provision of a two storey building/extension to the existing coach house building set to the rear of the main building.

The proposal would have an acceptable impact upon the amenities of neighbouring of both the Nursing Home and the nearby residential dwellings. The scheme is also considered to be acceptable in regards to the impacts on highway safety.

The proposal would be considered to be acceptable in relation to policy CS41 of the Core Strategy document as it would maintain a mixed community.

50 The works to the listed building, which involve the removal of original features and the insertion of a new window, would be considered to be overly invasive upon the listed building and detrimental to its character. The two storey extension/building at the rear would be considered to represent an over-development within the curtilage of the listed building. This element of the proposal is considered to be unacceptable and to fail to satisfy the provisions of UDP policy BE19.

Overall, the two applications are considered to fail to satisfactorily take into account the special historic and architectural value of the listed building and its setting. As such the application would be considered to be contrary to the provisions of UDP policy BE19, and as such it is recommended that the applications should be refused.

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Case Number 09/00893/FUL

Application Type A Full Planning Application

Proposal Use of building as 7 student cluster flats (Sui-Generis) with communal facilities and parking accommodation in basement and part of ground floor as a commercial unit (Class B1, A1, A2 and A3)

Location Princess House 124 Queen Street City Centre Sheffield S1 2DW

Date Received 24/03/2009

Team CITY CENTRE AND EAST

Applicant/Agent Cordonier Escafeld

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

2 The existing car parking accommodation within the site, as indicated on the approved plans, shall be retained for the sole use of the development hereby permitted.

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

3 The approved 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 future occupiers and the amenity of the locality.

4 The building shall not be occupied unless the cycle & motor cycle parking and bin storage facilities have been provided in accordance with the approved plans. These facilities shall thereafter be retained.

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

5 Within 3 months of development commencing details of the screening to the external bin store shall have been submitted to and approved in writing by the Local Planning Authority. This screening shall be in place before first occupation and thereafter retained.

In the interests of the amenities of the locality.

6 The student accommodation shall not be used unless a level threshold to the commercial unit and internal mobility lift has been provided in accordance with the approved plans.

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

7 Unless otherwise agreed in writing by the Local Planning Authority the student accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed. 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) Whenever the criteria set out in A) above can only be met with closed windows an alternative rapid ventilation system shall be provided.

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

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

8 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.

9 No commercial kitchens associated with the uses hereby permitted shall be brought into use unless suitable ventilation and extraction 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 in writing by the Local Planning Authority. After installation such equipment shall be retained, operated and maintained for the purposes for which it was installed.

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

10 The commercial premises shall be used for the purposes hereby permitted only between 07:00 hours and 22:30 hours on any day.

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

11 There shall at no time be any seating or furniture associated with the commercial unit located externally.

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

12 The new shop front shall be constructed in aluminium unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

13 5% of the student bedrooms shall be designed to be suitable or readily adaptable for disabled users.

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

Attention is drawn to the following justifications:

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

IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas

and within the Core Strategy and The Cathedral Quarter Action Plan

CS3 - Locations for Office Development CS41 - Creating Mixed Communities CS65 - Renewable Energy and Carbon Reduction

This informative is intended as a summary of the reasons for grant of planning permission.

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Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

This application relates to a four storey (plus basement) flat roofed building known as Princess House. The building is set on the corner of Silver Street and Queen Street in the West Bar Area of the City Centre. Princess House has most recently been used for Financial and Professional Services (A2) at ground floor with Offices (B1) above. The applicant has stated that the office space has now been unoccupied for over a year.

This application proposes the change of use of the majority of the building as student accommodation (7 cluster flats), which is a sui generic use, with a small commercial unit at ground floor fronting Queen Street. The use of the small commercial unit is, at this time, speculative and the applicant seeks consent for

55 use as Shops (A1), Professional and Financial Services (A2), Cafes/Snack Bars (A3) and/or Offices (B1). This commercial unit measures 73.5 square metres.

The proposal will include a communal games room, plant and servicing facilities and car parking within the basement area. A bin store and motorcycle parking will be located within a rear yard area.

Each of the cluster flats will have between 5 & 7 bedrooms and a separate dining/kitchen area.

The site is set within a Business Area as defined by the Sheffield Unitary Development Plan and within the Cathedral Quarter Action Plan Area. The City Centre Conservation Area lies 47 metres to the east of the site and the Furnace Hill Conservation Area is set 22 metres to the north. Given the scale and nature of the proposal, this application is not considered to have an impact on these Conservation Areas.

SUMMARY OF REPRESENTATIONS

There have been no representations in respect of this application.

PLANNING ASSESSMENT

Policy

The site is set within a Business Area within the Sheffield Unitary Development Plan (UDP).

Policy IB7: Development in Business Areas states that Business (B1) would be the preferred use. IB7 also states that Shops (A1), Professional and Financial Services (A2) and Cafes/Snack Bars (A3) uses are acceptable within the area. In respect of shops, this use should be limited to no more than 280 square metres sales area. This is to ensure that local needs are met but the scale of the unit does not threaten the vitality of surrounding shopping areas. IB7 also states that Housing at upper levels is considered to be an acceptable use (this section of IB7 is discussed further below).

Policy IB9: Conditions on Development in Industry and Business Areas states that new development or change of use will be permitted provided that it would meet several standards. The more relevant standards in relation to this application are:

- It would 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.

- It would not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions.

- It would be well designed.

56 - It would be adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking.

Policy CS3: Location for Office Development within the Sheffield Development Framework Core Strategy (CS) states that the City Centre will be the priority area for new office development.

Policy CS41: Creating Mixed Communities within the CS aims to ensure that shared housing does not become overly dominant in an area and unbalance the community. In this instance, shared housing within the catchment area (200 metres) would only represent 2% of all house types. This application is therefore in compliance with this policy.

The site is located within the Cathedral Quarter Action Plan Area. A key objective of this plan is to enhance the existing image of the Quarter as a quality business location with a balanced mix of residential and retail uses.

Land Use

It is not considered ideal to remove the Business (B1) element from the site given that it is within a City Centre location and is identified as the preferred use within the UDP. However, other factors must be taken into account. The applicant has identified that the building has not been vacant for sometime now and this situation is not likely to change given the current economic climate. Further to this, given the small scale of the site compared with the B1 Business offer in and around the area, and within the wider City Centre, the loss of this building to other uses would not have any significant impact on the dominance of the preferred use. It should also be noted that the applicant has identified that the ground floor unit could be retained in a B1 use if a tenant is found. If this were the case, it would be welcomed.

The principle of using the ground floor for Shops (A1), Professional and Financial Services (A2) and Cafes/Snack Bars (A3) uses is considered acceptable from a land use perspective.

It is noted that student accommodation is considered to be a sui generic use and must therefore be considered on its own merits. Given the characteristics of this use, it is deemed reasonable to consider it as being most akin to Housing (C3). Housing is considered to be an acceptable use within Policy IB7 from a land use perspective, assuming that it is set on the upper floors. However, this scheme does contain some residential on the ground floor. The overriding reason for keeping residential away from the ground floor is to retain a commercial frontage. The explanatory text within IB7 goes onto state that housing can at times be located behind a commercial frontage. In this case the ground floor residential element has been sited to allow the commercial frontage to be retained on the more prominent corner, which is considered to be in the spirit of the Policy. The proposal is, therefore, deemed to accord with Policies IB7, IB9, CS3 and CS41.

57 Design

The proposal will include limited external alterations to the building comprising a new aluminium shop front & entrance and a new external bin store. The proposed shop front and entrance follow a traditional design and give rise to no concerns. The external bin store will be hidden away to the rear of the building and will be suitably screened.

Highways

The site is located within the City Centre and, as such, is accessible by varying means of public transport. There is therefore no specific requirement for the provision of parking within the site. The applicant has, however, introduced 3 secure parking spaces and cycle parking within the basement area as well as motor cycle parking within the rear yard. The layout of these elements gives rise to no highway concerns.

Living Conditions of Future Residents

The scheme provides all habitable rooms with a suitable amount of outlook and light even with the rather narrow nature of the surrounding streets.

The potential for amenity issues, given as a consequence of several residential windows at ground floor, has also been considered. However, the site has a sloping nature resulting in these windows being set well above ground level.

Conditions will be imposed on any consent to restrict the operation of the commercial unit to ensure it does not cause any undue disturbance to future residents. Noise standards will also be imposed on the flats to ensure that a suitable internal noise environment is created.

Access

The scheme is constrained by the sloping nature of the site and the fact that it is a conversion. As a result, the scheme will not be able to provide lift access from the basement area or a level access into the student entrance.

The lack of a level access into the student accommodation is mitigated to an extent by an alternative route through the commercial entrance, which will be level. Although this approach is not advocated, it is deemed as acceptable given the limitations of this particular site.

The lack of a lift to the basement is regrettable but it would be deemed as unreasonable to insist on this, given that the scheme is a conversion and lift access is available within the wider building.

The scheme will include several mobility compliant bedrooms, which will be the subject of a planning condition.

58 Sustainability

A requirement of Policy CS65 of the Core Strategy is for new schemes to provide renewable energy and energy efficiency measures unless it can be shown to be unviable or unfeasible. The applicant has provided a development appraisal showing that it would not prove viable to provide such measures within this scheme.

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.

The financial contribution for the site would amount to £28,124 for the provision of open space within the catchment area, which would be utilised following consultation with the relevant Area Assembly.

SUMMARY AND RECOMMENDATION

The building is sited within a Business Area, as defined within the Sheffield Unitary Development Plan and in this City Centre location, it would be preferable to retain a Business use. However, the applicant has been unable to let the space and this situation is unlikely to change in the current economic climate. Further to this, given the limited scale of the site, the loss of this building to other uses would not have any significant impact on the dominance of the preferred business offer in the area. In light of this the proposed uses give rise to no land use policy objections in this location.

The application proposes limited external design alterations comprising a new shop front and external bin store, which are considered to be of a suitable quality in their respective locations.

The scheme will provide a limited amount of car parking as well as cycle and motorcycle parking which is considered acceptable in this City Centre location with easy access to public transport and facilities.

It is relevant to note that the scheme is not fully compliant in terms of mobility standards but this is a consequence of the topography of the site and it not sufficient to warrant a refusal. It is also acknowledged that the scheme is not sufficiently viable to meet the renewable energy and energy efficiency requirement of the Core Strategy.

Finally all habitable rooms will be afforded suitable natural light and outlook, and through the imposition of planning conditions, the living conditions of future residents in respect of issues such as noise will be protected.

The proposal is therefore recommended for conditional approval subject to the receipt of a Legal Agreement.

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Heads of Terms

1. A sum of £28,124 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 27 May 2009 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

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Case Number 09/00884/FUL

Application Type A Full Planning Application

Proposal Adjustment of approved garden levels from previously approved application (04/00177/FUL) for plot 23 and introduction of retaining structures/screenwall

Location 26 Blenheim Mews Sheffield S11 9PR

Date Received 23/03/2009

Team SOUTH

Applicant/Agent Shepherd Homes Limited

Recommendation Grant Conditionally

Subject to:

1 Within one month of the date of this planning approval, details of a timetable of when work to the existing gardens and boundary treatment shall be carried out, shall have been submitted to and agreed by the Local Planning Authority. Such alterations shall be carried out in accordance with the approved plans attached to this planning application within 4 months of the date of the planning consent unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

2 Within one month of the date of this planning approval, details of the construction of the wall next to the existing dry stone wall associated with 20 Silverdale Crescent, and how the wall will accommodate the existing watercourse, shall have been submitted to and agreed in writing by the Local Planning Authority. Such approved details shall be implemented within the construction and retained thereafter.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

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

61

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting GE15 - Trees and Woodland H15 - Design of New Housing Developments

This informative is intended as a summary of the reasons for grant of planning permission.

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The application site is Blenheim Mews, which has been built on the site of the former Blenheim Nursing Home and adjoining bungalow. This development is of 3

62 storey town houses fronting Road South and dropping down the slope to the rear where the gardens adjoin the public footpath that links Silverdale Crescent with Silverdale Close. All surrounding uses are residential.

The drawings attached to the planning consent that approved this scheme ref no. 04/00177/FUL, showed that gardens sloped down to the boundary, where a 1.8 metre close boarded fence was proposed. The developers, Shepherd Homes, implemented a different scheme from that shown on the plans with the revised garden levels and higher fencing that affected the boundaries along the south west and the bottom of the site with the public footpath.

A retrospective application ref no. 06/00939/FUL for the unauthorised works was refused by the Board on 30 May 2006 and enforcement action was authorised for the restoration of levels and boundary treatment to that which was approved. Along the boundary with the footpath, what had been built was different from that shown on the plans, but both the proposed and constructed schemes were unacceptable. Enforcement proceedings were started, and as part of this process, negotiations continued with Shepherd Homes in an attempt to reach an acceptable solution.

At the lower end of the site, the gardens associated with numbers 25 to 29 and 26 to 30 inclusive fall from the rear of the houses to the public footpath at the rear.

This application excludes all properties apart from 26 Blenheim Mews, which is the house at the south-east corner, adjoining the garden of 20 Silverdale Crescent. This application applies to 26 Blenheim Mews only. Members may recall that a planning application for 25 to 29 and 28 to 30 Blenheim Mews was approved at the City Centre and South Area Board of 2 March 2009. This application for 26 Blenheim Mews completes the overall amended proposal to resolve the issues relating to the unacceptable boundary treatment at this part of the site.

This application is for the removal of the existing fence along the boundary with the public footpath which would be replaced by a stone wall. In addition, fencing within the garden would be reduced in height and new retaining structures introduced within the garden. The garden levels have been implemented at different levels to the planning approval for the whole site (04/00177/FUL) and this application is also a retrospective submission for altering these levels.

There is a close link between this application and the recent approval for the other five dwellings that back on to the footpath and the intention is that all six are implemented together.

This application does not propose to alter the housing layout.

In support of the proposal the applicant stated in the earlier refused proposal that the consent implemented resulted in gardens which had a gradient of 1 in 3 which were problematic. At such a gradient there is a possibility of land slippage which raises a safety issue. Also, the applicant intends to create garden spaces which would be more useable and meaningful. Consequently, the development involves

63 altering of garden levels and the introduction of fencing to establish garden boundaries.

RELEVANT PLANNING HISTORY

In September 2002 an application for 31 town houses was refused (ref: 01/10532/FUL) on the grounds that it was contrary to Policy H14 of the Adopted Unitary Development Plan (UDP) because the rear crescent was out of scale and character with the area.

On 24 February 2003, an application (03/03857/FUL) for 30 houses was resisted by South Area Planning Board. In taking this decision, the Members made specific reference to a plot identified as no. 17 close to the existing house at 10 Silverdale Crescent. A revised scheme was submitted that omitted Plot 17 and this was considered improvement enough to allow the board to support the application and it was granted (as amended) on 17 March 2003.

On 16 March 2004 an application (04/00177/FUL) for alterations involving re-siting 4 dwellings, alterations to car parking and introduction of paths and bin stores was granted.

On 30 May 2006, a retrospective application (06/00939/FUL) for raising ground levels and altering boundary treatments for plots 17 to 28 inclusive was refused and enforcement action authorised for amendments of the gardens and boundaries to that approved.

On 29 January 2007, a retrospective application (06/04642/FUL) to alter garden levels and introduce retaining structures at plots 16-26 Blenheim Mews, which is along the side boundary, was granted planning permission.

A retrospective planning application to adjust garden levels and introduce boundary treatment and retaining features for 25-29 and 26-30 Blenheim Mews (06/04877/FUL) was withdrawn.

On 2 March 2009, a planning application for adjustment of garden levels from previously approved application no. 04/00177/FUL, alterations to boundary fences and associated works at 25 to 29 and 28 to 30 Blenheim Mews was approved (09/00070/FUL).

REPRESENTATIONS

One letter has been received from a neighbour:

- The applicant has not consulted the resident about ‘tying in’ the proposed stone wall with the existing one.

- A 2 metre high stone wall is tall and narrow and might have safety implications.

- A new dry stone wall tied into the existing one would be acceptable.

64

- The new wall should take account of the stream that runs beneath the path.

- A mortar and stone wall that was not tied in but terminated beneath the path.

- A mortar and stone wall that was not tied in, but terminated next to the end of the existing stone wall would be acceptable.

PLANNING ASSESSMENT

Policy

The site is within an area allocated as Housing Policy Area according to the adopted UDP for Sheffield. Policy H10 states that housing is the preferred use in such areas subject to the other policy criteria.

Policy H14 states that:

- New building should be well designed.

- The site should not be overdeveloped or deprive residents of light, privacy or security.

- Safe access to the highway.

- Not suffer from unacceptable air pollution or other nuisances.

- Not lead to noise, excessive traffic levels or other nuisances.

Policy BE5 deals with building design and siting and seeks to ensure that a high quality in this respect is achieved.

Policy H15 deals with the design of new housing developments and adequate private gardens and amenity space should be provided to ensure that basic standards of light and privacy are retained.

The Sheffield Development Framework Core Strategy has been adopted but none of the policies directly relate to this application.

It is considered that the single most important issue is the impact on the neighbours and those using the public footpath at the rear of the site.

Impact on Neighbours and Footpath

The original detailed consent (03/03857/FUL) showed gardens at the rear of the site falling to the boundary at a gradient of 1 in 3 with 1.9 metre high close boarded fencing along the edge of the footpath. Both the implemented scheme, currently still in place and the planning application (06/00939/FUL) that was different, are

65 unacceptable because of overdominance that forms the amenities of neighbours and the immediate area.

Application No. 09/00070/FUL approved revised, retrospective garden levels and reduced fencing heights, for the five plots running along the footpath boundary.

The application for 26 Blenheim Mews is a continuation of this. The existing treatment along the rear of 26 Blenheim Mews is a 1.9 metre high close boarded fence that runs along the bottom of the garden on the boundary with the footpath. This would be replaced by a natural stone wall 2 metres high, which would compliment the existing stone wall along the boundary of 20 Silverdale Crescent.

It is proposed to reduce the height of the fencing within the garden in line with what was agreed with the other five houses. Of particular concern is the height of the fencing set 2 metres behind the rear boundary fence. This set back fencing marks a rear access path and is 1.9 metres high but at a much higher level than the boundary.

It is proposed to reduce this to 1.1 metres high which will remove a considerable part of the overdominance. It would still be possible to see the top of this but it would not be anywhere near as evident as it is now.

The existing fencing between gardens is also unacceptably prominent and highly visible and it is proposed to reduce these from 1.9 metres to 1.8 metres next to the rear of house, sloping down to 1.1 metres at the end of the garden. Given that the ground levels fall significantly from the rear of the house to public footpath, it would still be possible to see the fences from the footpath and house beyond, but the impact would be significantly reduced. This treatment is the same as that agreed for the application for the other five houses next to the footpath (09/00070/FUL).

The intention of introducing boundary fencing is to create private amenity space and the amendments would not impact on the privacy of existing residents at Blenheim Mews, mainly because privacy at the rear would be retained and, due to levels, views into adjoining gardens are already available and fence height reduction would not significantly alter this. Similarly, views across the footpath towards neighbours would not be altered either.

As part of this application, some minor alterations to the garden levels are proposed and these are acceptable because this assists in reducing the impact of the existing fences.

It is considered that this proposal would significantly improve the impact on neighbours because the existing overdominance on site and found to be unacceptable in the earlier, refused planning application has been resolved. Consequently, the application does not conflict with policies H14, H15 or BE5 of the UDP.

66 Impact on the Character of the Area

The retention of the existing garden levels, with minor alterations to the new stone wall and reduction in the amount of fencing from existing levels to those proposed as part of this application would improve the visual quality of the area to a significant level. The existing fencing is not acceptable because it is out of scale and character due to the height, but this is rendered acceptable as part of this proposal.

Trees and Landscaping

No trees would be affected as part of this proposal and additional landscaping would be introduced, which is acceptable.

RESPONSE TO REPRESENTATION

With respect to the ‘tying in’ of the proposed natural stone wall to the existing dry stone wall, it is accepted that for a tie in to be successful, the propose wall would need to be of a dry stone construction as well. The applicant is proposing a stone wall constructed with mortar that would have different dimensions to the existing dry stone wall. Consequently, it is proposed that the new wall will terminate very close to the end of the existing wall. The detail of this can be controlled by a condition, as can the allowance to be made for the small stream that runs beneath the footpath at this point.

SUMMARY AND RECOMMENDATION

This is a planning application to vary the details and boundary of the rear garden of 26 Blenheim Mews to compliment the variations already approved under application no. 09/00070/FUL for the other five houses next to the footpath at Blenheim Mews from an already approved planning application and an unacceptable implemented scheme.

The new natural stone boundary wall would be acceptable, complementary the dry stone wall associated with 20 Silverdale Crescent. The impact of the internal fencing, in particular, would be rendered acceptable and the overdominance resolved, such that the impact of the gardens and fencing would be in keeping with the scale and character of the area. The impact on neighbours would be acceptable and there would be no impact on privacy or overlooking.

The application does not conflict with the policy criteria set out in this report and is recommended for approval subject to conditions requiring a timetable of works to implement the scheme and setting a limit for when it should be completed and requiring details of how the wall relates to the adjoining wall and takes account of the small stream.

67

Case Number 09/00879/FUL

Application Type A Full Planning Application

Proposal Construction of a means of vehicular access through the removal of part of the stone boundary wall and retention of the area of hard standing to provide off- street parking to front of dwellinghouse

Location 28 Steade Road Sheffield S7 1DS

Date Received 23/03/2009

Team SOUTH

Applicant/Agent Haywood Design

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the proposed development, through the removal of a section of the stonewall, and extent of hard standing gives rise to an unsatisfactory appearance, detrimental to the character of the Conservation Area. As such it is contrary to the aims of Policies B15, BE16 and BE17 of the Unitary Development Plan and the aims of the Article 4 Direction.

2 The proposed means of vehicular access and formation of hard standing would, by virtue of its restricted dimensions, the angle to the highway of the hard standing, and close proximity of the tree within the highway verge, be detrimental to the safety of road users, pedestrians, and the free and safe flow of traffic on Steade Road. As such it is contrary to Policy H14 of the Adopted Sheffield Unitary Development Plan.

68 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

INTRODUCTION

At the time of the site visit it was apparent that work had commenced on site, through the removal of the soft landscaping to the front garden area. At this time this area was just cleared and no pavers had been laid, nor were visible on site.

A letter was sent to the applicant advising that work should stop immediately, owing to reservations about the proposal from Planning Officers. A recent site visit shows that the block paving has been carried out and completed with the hedge and stone wall remaining untouched.

69 LOCATION AND PROPOSAL

The application relates to a traditional detached two storey stone built dwelling house. The property is bound by a small stone and brick wall with evergreen hedge behind, with a mature tree set within the highway footpath. There is currently no vehicle access serving this property.

The site falls within the Nether Edge Housing area, as allocated in the adopted Sheffield Unitary Development Plan and is also within the Nether Edge Conservation Area. Furthermore the application property and the surrounding properties are all covered by an Article 4 directive which restricts permitted development rights. The surrounding street scene consists primarily of residential dwellings, in a mixture of large traditional detached and semi-detached properties.

Planning permission is sought to turn the existing front garden area into a hard standing area creating 1 off street parking space, and create a vehicle access to the site.

RELEVANT PLANNING HISTORY

There is no relevant planning history to this application site.

SUMMARY OF REPRESENTATIONS

1 Letter of representation has been received from the adjacent property following neighbour notification. Issues raised include:

No objections to creating a single space parked at right angles with the road on the right hand side of the property, however retaining some of the Victorian character to the property is essential. It is essential that the wall and hedge are kept almost entirely in place with only sufficient removed to allow 1 vehicle to pull up. Some of what was the original front garden should be retained as was usual for the Victorian features of these properties. When the neighbour tried to improve her property the planning application was rejected by both the Planning Board and the Planning Inspectorate, and that when improving the front appearance of the property in this conservation area, more had to be done to restore original Victorian features and the same principle should apply to this application, and subsequent applications in this area.

PLANNING ASSESSMENT

Policy Issues

Policy H14 Conditions on Development in Housing Areas states new development or change of use will be permitted provided that; (a) new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and (d) it would provide safe access to the highway network and appropriate off- street parking and not endanger pedestrians;

70 Policy BE15 Areas and Buildings of Special Architectural or Historic Interest, says that development that would harm the character or appearance of Conservation Areas will not be permitted. Policy BE17 Design and Materials in Areas of Special Architectural or Historic Interest, requires a high standard of design using traditional materials with Policy BE16 Development in Conservation Areas, stating that development in Conservation Areas is required to preserve or enhance the character and appearance of that Conservation Area.

Therefore as the site is in a Conservation Area, special attention should be paid to the desirability of preserving or enhancing the character or appearance of the area in accordance with Section 72 (1) of the Planning (Listed Building and Conservation Areas) Act 1990.

Impact on the Conservation Area

Nether Edge is an attractive residential suburb comprising mainly stone detached and semi-detached villas. Tree planting along the highway verges contributes greatly to the leafy appearance.

The formation of the proposed vehicle hard standing would involve the removal of approximately 5.1 metres of the stone boundary wall together with a corresponding length of hedge, and hard surfacing the majority of the front garden area.

The Nether Edge Conservation Area Appraisal identifies that the gradual loss of original boundary walls and creation of driveways and forecourt parking areas has seriously eroded the original character of the area. The importance of these features in the Conservation Area was recognised by the imposition of the Article 4 Direction in 2005. This removed certain permitted development rights including the demolition of walls and creation of hard standings.

Notwithstanding the comparatively modest scale of the stone wall it is considered that the removal of this attractive and characteristic wall would contribute to that process and detract from the character and appearance of this section of Steade Road.

Whilst it is acknowledged that in other parts of the Conservation Area, including along Steade Road, there are cases where front boundary walls have been removed to enable the formation of forecourt parking areas, these pre-date the Councils Article 4 Direction, and in some case the Conservation Area designation in 2002. In any event, it would be wrong to use precedent to justify further unsympathetic developments which would not enhance or preserve the character of the conservation area and undermine the purpose of the Conservation Area status and the Article 4 Direction.

Therefore it is considered that the proposal would significantly harm the character and appearance of the Nether Edge Conservation Area, would conflict with Unitary Development Plan policies BE15, BE16 BE17 and the aims of the Article 4 Direction.

71 Highways

The proposal indicates an off street parking space at an angle to the footway. In the interests of road safety, a driveway should be at right angles to the footway. Having measured the site, there is 4.74 metres from the back edge of the footpath to the front elevation of the dwelling, which is not of an adequate distance to accommodate most vehicles.

Furthermore, the proximity of the tree to the proposed access will prove problematic when creating the access. It is likely that the lowering of the footway will have a detrimental effect on the roots of the tree, and for this reason a licence to cross the footway is unlikely to be granted. Moreover, manoeuvring to and from the highway past the tree to the proposed parking space would be significantly restricted and awkward.

Therefore it is considered that the proposed means of vehicular access and formation of hard standing would, by virtue of its restricted dimensions, the angle to the highway of the hard standing, and close proximity of the tree within the highway verge, be detrimental to the safety of road users, pedestrians, and the free and safe flow of traffic on the Steade Road.

ENFORCEMENT

As the application is retrospective, it will be necessary for Enforcement Action to be authorised, should the application be refused, to secure the removal of the hard paving and reinstatement of the garden area.

SUMMARY AND RECOMMENDATION

The application for the retention of hard standing, and formation of vehicular access through the proposed removal of stone boundary wall would result in an unacceptable loss of character to the Nether Edge Conservation Area and would be contrary to Policy BE15, BE16, and BE17 of the Adopted Sheffield Unitary Development Plan.

The proposed means of vehicular access and formation of hard standing would, by virtue of its restricted dimensions, the angle to the highway of the hard standing, and close proximity of the tree within the highway verge, be detrimental to the safety of road users, pedestrians, and the free and safe flow of traffic on Steade Road contrary to policy H14 of the Adopted Sheffield Unitary Development Plan.

It is for the above reasons that this application is recommended for refusal and that the Assistant Chief Executive Legal and Governance be authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, to secure the removal of the area of hard standing to the front of the property, and reinstatement of the garden.

72

Case Number 09/00875/FUL

Application Type A Full Planning Application

Proposal Use of shop as hot food takeaway (Class A5)

Location 112 Birley Spa Lane Sheffield S12 4EJ

Date Received 20/03/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mr Behnam Samari

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above mentioned purpose only between 1130 hours and 2330 hours Monday to Saturday and between 1130 hours and 2300 hours on Sundays and Public Holidays.

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

3 Prior to the use of the hot food takeaway commencing, all approved apparatus for the arrestment and discharge of fumes or gases as detailed in the application (Specification of proposed extractor canopy), which forms part of a scheme to protect the occupiers of adjacent dwellings from odour, shall have been installed. After installation such equipment shall be retained and operated for the purpose for which it was installed.

To ensure that the extraction system is installed and retained as specified in the application.

4 The occupation of the flat above No.112 Birley Spa Lane shall be limited to persons solely or mainly employed in the takeaway or the owner of these facilities or their families, unless otherwise agreed in writing by the Local Planning Authority.

73

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

Attention is drawn to the following justifications:

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

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

This informative is intended as a summary of the reasons for grant of planning permission.

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

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The application site comprises of a vacant shop unit situated at the western end of a crescent shaped parade on the southern side of Birley Spa Lane, close to the junction with Main Street. The parade of 19 units is three storeys high with flats on the upper floors accessed from Four Wells Drive to the rear. A one-way service road runs along the front of the parade providing off-street parking and areas for loading.

Planning permission is sought for the use of 112 Birley Spa Lane as a hot food takeaway (Class A5). The applicant would like to open from 11.30am until 11.30pm Mondays to Saturdays and 11pm on Sundays and Bank Holidays. The flat above the shop would be used by the applicant. An external flue would be located on the building’s rear elevation.

75

RELEVANT PLANNING HISTORY

05/01975/CHU An application for the use of 122 Birley Spa Lane as a café was approved in July 2005. The cafe opening hours are restricted to between 7am and 4.30pm Monday to Saturday and are closed on Sundays and Bank holidays.

04/04850/CHU Planning permission was granted for the use of 106 Birley Spa Lane as a hot food takeaway in May 2005 with the following opening hours: 9am to 12 midnight on Friday and Saturday, 9am to 11.30pm Monday to Thursday and 9am to 11pm on Sundays and Public Holidays.

01/01671/FUL In January 2002, planning permission was granted for use of a shop at no. 110 as a hot food takeaway between 9am and 11.30pm Monday to Thursday, between 9am and 12 midnight Friday and Saturday and between 9am and 11pm on any Sunday and Bank Holiday.

86/02527/FUL Permission was granted for the use of 124 Birley Spa Lane as a hot food takeaway in February 1987. It is permitted to open until 12 midnight on Friday and Saturday and 11pm on any other day.

Number 118 Birley Spa Lane is also used as a take-away. It has become lawful due to the passage of time and has no operating restrictions.

SUMMARY OF REPRESENTATIONS

5 letters and a 120 signature petition have been received from residents objecting to the use of the application site as a hot food takeaway. The concerns raised by objectors include:

- There are already 5 units serving hot food on the parade (1 café and 4 takeaways). - The proposal will worsen the existing litter problem. - The proposal will increase the noise and disturbance associated with the existing takeaways including traffic noise and anti-social behaviour. - Neighbouring residents already suffer from excessive noise and food smells. Another hot food takeaway will exacerbate these problems. - The existing extraction units are noisy and unsightly, particularly on Four Wells Drive.

Objections were also raised on competition grounds.

In addition 6 letters and 2 petitions (one with 14 signatures and one with 35 signatures) have been received in support of the proposed change of use. They raised the following points:

- It is better for units to be occupied and provide a service than be empty and vandalised. - Trading units bring safety and security to the parade.

76 - The proposal increases choice for local residents and encourages investment in the area.

PLANNING ASSESSMENT

Policy Issues

The application site lies within a local shopping centre as defined in the Unitary Development Plan (UDP). Policy S7 of the UDP (Development in District and Local Shopping Centres) describes shops as the preferred use in local shopping centres and food and drink outlets, which includes takeaways, as an acceptable use. However, Policy S10 (Conditions on Development in Shopping Areas) states that changes of use will not be permitted where they would lead to a concentration of uses which would prejudice the dominance of preferred uses in the area, cause residents to suffer from unacceptable living conditions or endanger pedestrians.

The breakdown of existing uses within the parade is as follows:

A1 uses (including a Spar, newsagents and hairdressers) 11 units

A2 uses (in this case a betting shop) 1 unit

A3 uses (café) 1 unit

A5 uses (takeaways) 4 units

D1 uses (in this case a chiropractor) 1 unit

Sui generis uses (in this case a tanning salon) 1 unit

In addition, four of the above units are currently vacant including the chiropractor and three of the A1 shop units.

If the proposed change of use is permitted, almost 53% of the parade (10 units) would still be in retail (A1) use and remain dominant. It should also be noted that, according to the applicant, the unit at 112 Birley Spa Lane has been vacant for almost three years.

There is some concern that the proposed and existing takeaways are concentrated at the western end of the parade, leading to reduced daytime activity. However, the applicant has indicated a desire to trade at lunchtimes and, given that takeaways are an acceptable use and that the preferred use would remain dominant within the parade as a whole, the proposed change of use is considered to be acceptable in policy terms.

Amenity Issues

The nearest residential properties are the flats above the parade of shops. The flat above no. 112, which is the residential property likely to be worst affected by noise and odours, will be used by the applicant and not rented or sold as a separate

77 dwelling, which will be secured by means of a planning condition. There is already a takeaway at No 110, adjacent to the application site and it is therefore considered that it would be difficult to sustain an argument that the proposal will have a significant impact on the amenities of the occupants of any of the flats above the shops.

There is a reasonable degree of separation between the proposed takeaway and the other nearby residential properties. The nearest house to the west is approximately 60m away, across an area of open space. Houses to the north, which are separated from the application site by the service road and Birley Spa Lane, are a minimum of 33m away, whilst the nearest house on Four Wells Drive, 20 metres to the south of the site, is located at a higher level and to the rear of the shops. Whilst there is a risk that the latter will be affected by odours (the proposed flue is located on the rear of the property) and customers walking home late at night, most of the activity will take place around the shop front.

The applicant has requested to open until 11.30pm Monday to Saturday and 11pm on Sundays and Bank Holidays. These opening hours are largely consistent with those permitted at the existing hot food takeaways on this parade; indeed the existing premises on the parade are generally permitted to open slightly later (until midnight) on Fridays and Saturdays. The development will not, therefore, extend activity later into the evening and it seems unlikely that the proposed hot food takeaway will result in a significant increase in late night activity. Rather, the development will provide further choice for the customers of the existing takeaways. It is therefore considered that the impact of the takeaway on the amenities of occupants of neighbouring dwellings is unlikely to be significant to warrant refusal of this application.

The Environmental Protection Service has been consulted. Whilst further details of the fume extraction equipment are required, they consider that if an appropriate flue and carbon filters are installed and the system is adequately maintained there should be no significant dis-amenity due to odours. There is an existing flue to the rear of no.110, adjacent to the application site. It is considered that a similar flue at no.112, which would be partially screened by existing trees, would not impact greatly on the visual amenities of the area.

A number of the representations refer to youths congregating around the shops in the evenings and associated anti-social behaviour and the objectors argue that a further takeaway is likely to accentuate these problems. However, whilst the youths may be attracted because of the availability of food and the activity associated with the late opening shops and takeaways, this is an existing problem. It would be difficult to sustain an argument that permission should be refused on the basis that an additional takeaway would attract significantly more youths or significantly worsen anti-social behaviour problems.

Evidence from planning appeals indicates that planning inspectors rarely consider potential litter problems as being significant enough to justify refusing planning permission for takeaways. They usually point out that Councils have other powers to deal with litter if this becomes a problem. There are a number of existing litter

78 bins along the frontage of the shopping parade, including one directly outside no. 110, adjacent to the application site.

Highway Issues

This parade of shops is reasonably well served by parking, which is available on the service road running the length of the parade and within parking lay-bys on Birley Spa Lane. Whilst there may be an increased concentration of traffic at certain times, for example at meal times, it is considered that this will not be so great that it will significantly affect traffic or pedestrian safety.

SUMMARY AND RECOMMENDATION

The proposal is considered to be acceptable in policy terms and will not undermine the dominance of retail uses in the parade as a whole. Given the proximity of other takeaway uses within the parade and the distance to existing housing, it is considered that the proposal should not significantly harm residential amenity. It is therefore recommended that planning consent is granted subject to conditions.

79

Case Number 09/00838/OUT

Application Type Outline Planning Application

Proposal Erection of five x 3 bedroomed dwellinghouses

Location Site Of 116-120 Onslow Road Sheffield S11 7AH

Date Received 19/03/2009

Team SOUTH

Applicant/Agent Sanderson Weatherall

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

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

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

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

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

80 4 The dwellings shall not be occupied unless a footway has been provided along the site frontage and connected to the existing footway system on Onslow Road.

In the interests of pedestrian safety.

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

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

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

In the interests of the amenities of the locality.

7 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.

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

In the interests of the amenities of the locality.

9 Prior to the commencement of development, details of perimeter treatments to the individual dwellings at the front and rear shall be submitted to and approved in writing by the Local Planning Authority, and the dwellings shall not be occupied unless the approved perimeter treatments have been provided in accordance with the approved details and thereafter such means of perimeter treatment shall be retained.

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

10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions,

81 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 property, bearing in mind the restricted size of the curtilage.

11 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 predicted carbon emissions from the development will represent a 20% improvement on the Building Regulations Target Emission Rate, and how 10% of predicted energy needs will be provided from decentralised and/or renewable/low carbon energy sources, how further renewable/low energy will be generated and that the dwellings will achieve a Code for Sustainable Homes minimum rating of Level 3.

Any agreed renewable 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. 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.

Attention is drawn to the following justifications:

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

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

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

82 You should apply for a consent to: -

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

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

2. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services. The agreed address must be clearly displayed at each individual property before occupation in order to ensure that the postal service can correctly locate each property for delivery purposes.

3. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

83

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The application site is located to the west of Onslow Road, some 40 metres to the north of the junction with Greystones Road. The application site incorporates what originally would have been three residential terraced properties, and a series of outbuildings which have subsequently been constructed at the site. The terraced properties and outbuildings are all interconnected, forming a space serving as a carpet and upholstery cleaning business. The historic evolution of buildings at the site has resulted in the whole of the site being occupied by buildings.

The application seeks consent for the erection of five dwellinghouses. It is in outline form, with only the layout being subject to assessment at this current stage.

84 RELEVANT PLANNING HISTORY

There is no history relevant to the current application site.

Members will recall that a full planning application was granted in March 2009, essentially for the conversion of the buildings opposite this site at No’s 91 to 123 Onslow Road (Franklin’s Bed Showroom) to provide five dwellinghouses. The current application was submitted following this approval.

SUMMARY OF REPRESENTATIONS

After written consultation with neighbouring occupiers 8 representations have been received. The comments are summarised as follows:

- Levels of car ownership quoted in Highway Statement is too low, being based on incorrect assumptions. No survey of car ownership on street was undertaken. - Peak period for parking is evening, at which time no survey was carried out. Often parking at adjacent streets is necessary, due to high demand for on- street parking currently. - Whilst a few more parking spaces will be created, much more on-street parking will be generated (in combination with approved scheme on east side of Onslow Road). - No account taken of the new flats on Greystones Road, or the recently completed buildings on Ecclesall Road, which will increase parking pressure on Onslow Road.

- Area to the front of the application site is invariably used as a passing place. If the pavement is re-instated and cars begin to park on-street, no passing place anywhere along the street will be possible, leading to safety concerns.

- Proposed street scene drawing not in keeping with existing houses in the street. - Site is unsuitable for proposed number of dwellings. Unnecessary given number of empty properties in area.

- Concerns regarding capacity of Onslow Road to accommodate construction traffic. - Noise /disruption during construction

- Demolition of outbuildings may lead to removal of rear boundary wall (shared with Ranby Road properties) to ground level. Request that the party wall procedure be implemented. Compensation would be sought in this regard. - Overlooking / Impact on privacy

PLANNING ASSESSMENT

The application is located in a Housing Area, and Policy H10 of the Adopted Unitary Development Plan states that housing is the preferred use. This policy

85 requires all proposals to be subject to the requirements of policy H14, which amongst other things seeks to ensure that developments are in scale and character with neighbouring buildings, do not constitute an over-development or have a detrimental impact upon the amenities of neighbouring occupiers and have an acceptable impact upon local highway safety circumstances.

Policy H16 of the UDP requires development of five or more dwellings to contribute to the improvement of open space in the locality where a shortage of provision is demonstrated.

Additionally, the Sheffield Core Strategy incorporates the following policies of relevance to the current application.

CS 31 - Housing in the South-West Area; which states that the scale of new development will be largely defined by what can be accommodated at an appropriate density.

CS 64 – Climate Change, Resources and Sustainable design of Development; states, amongst other things, that all new buildings and conversions must be designed to use resources sustainably. To satisfy this policy developments of 5 dwellings or more should achieve Code for Sustainable Homes Level 3 as a minimum.

CS 65 – Renewable Energy and Carbon Reduction; requires developments of 5 dwellings or more, unless it can be shown not to be feasible, to provide a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy; and generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%.

Principle of Housing at Site

The application site is located with a Housing Area under the adopted Unitary Development Plan. The surrounding area is dominated by residential dwellings. Therefore, the principle of the proposal would be in keeping with this existing character.

The provision of five dwellings spanning the site’s frontage would be considered to be similar with existing property frontage widths along Onslow Road. The submitted drawing floor layout shows accommodation at ground and first floor level. The street scene drawing, which is submitted solely for purposes of indication at this stage, shows the proposed building height/s corresponding to heights of the neighbouring dwellings. This is considered to be acceptable.

The elevational treatments shown which at this stage are only indicative are not acceptable. The dwellings along Onslow Road predominantly, but not exclusively, include bay windows at ground floor level. The indicated front elevation lacks the bay windows and a suitable hierarchy to the window arrangement. This issue could be taken into account at a later stage as part of a reserved matters application.

86

Neighbours’ Amenity

The proposal to create five dwellinghouses would replicate the current relationship between existing dwellings at Onslow Road and Ranby Road. The separation between the respective windows would be at least 21metres. This would satisfy the minimum separation distance between facing habitable room windows.

Some overlooking onto Ranby Road gardens may be expected to occur. The resulting situation would not be any more intrusive than occurring currently nearby, and does not warrant refusal of permission.

Some concern has been expressed regarding overlooking onto the amenity area at the rear of the flats to the south of the site on Greystones Road, as well as to the flats themselves. Any overlooking opportunities which may be created by the proposed dwellings would be considered to not be significantly more intrusive than the overlooking which may currently occur from other existing dwellings in the immediate locality.

The issue of the removal of existing outbuildings and the implications of this on perimeter treatments shared with neighbours is not a material planning consideration. The issue of perimeter treatments would form a condition upon any consent granted in order to secure suitable boundary treatments, affording reasonable privacy and segregated garden spaces. The broader issues highlighted by neighbours may be covered by the Party Wall Act, which is private legislation.

Overall, the proposal is considered to have an acceptable impact upon the amenities of neighbouring occupiers. Thereby, satisfying the requirements of part a and c of the Policy H14 of the Adopted UDP.

Amenity of Potential Occupants

The layout drawings show 5 dwellings, each with 3 bedrooms. The rooms would be considered to be reasonably ventilated and provided with windows giving natural daylight. The rear garden spaces would differ in length, but be a minimum of 10 metres in length. Thereby meeting the required minimum garden length of 10 metres.

Overall, the proposed houses would be considered to be acceptable in this regard.

Highway Issues

The proposed dwellings would each include 3 bedrooms. Development at the site would involve removal of a number of spaces at the frontage of the site. These parking spaces are perpendicular to the street, and appear to result in any cars parked there overhanging the footpath. As such this parking provision is considered to not constitute appropriate off-street parking provision connected to the existing use.

87 Based on assessment of the information provided with the application, and the database used in relation to questions of traffic generation it is considered that the proposal may result in an overall decrease in the number of vehicular trips to the site.

The exact figures are as follows:

Existing Arrangement: AM peak hour-13 vehicle movements PM peak hour – 18 vehicle movements Daily – 80 vehicle movements Proposed Arrangement: AM peak hour – 5 vehicle movements PM peak hour – 6 vehicle movements Daily – 66 vehicle movements

As such the envisaged reduction in vehicle movements relating to the proposal would mean from a traffic generation point of view the proposal would be considered to be acceptable. Whilst the scheme includes no off-street parking, it should be taken into account that the existing use does not include any off-street provision. The overall parking demand generated by the proposed dwellings would not be significantly greater than arising from the existing use.

In addition the site’s accessible location, with easy access to a frequent public transport service and local shops and facilities should be taken into account as part of consideration of this issue.

Concerns of neighbours regarding potential heightening of existing difficulties with on-street parking are noted. The peak period for on-street parking is said to be the evening, however, there is also considerable daytime parking. It is acknowledged that this development is likely to contribute more to evening parking, however the site frontage can accommodate 3 to 4 vehicles and given the sustainable location of the site, this is considered to be acceptable.

Overall, the proposal is considered to be acceptable and the application would be considered to satisfy the provisions of part d of policy H14 of the Unitary Development Plan.

Open Space

Given that the proposal seeks consent for five or more houses UDP Policy H16 requires that an appropriate contribution is made toward the provision or enhancement of open space within the catchment area to the site. The catchment area has been assessed and is below the minimum threshold for informal and formal recreation space, and therefore a contribution toward provision of open space would be required.

The financial contribution therefore required for the development is £7,879.50, and this would be secured by the submission of a legal agreement.

88 Mobility Issues

In order to comply with policy H7 of the adopted Unitary Development Plan at least 25 % of the residential units should be designed and constructed to mobility housing standards. In order to ensure that this provision is satisfied it is recommended that a condition is added to any consent granted which would require a reserved matters submission to satisfy this provision.

Sustainability Issues

In order to satisfy policies CS64 and CS65 of the Sheffield Development Framework a condition will be required to be added to any consent granted requiring details to be submitted with any reserved matters submission detailing how the requirements of this policy will be achieved.

RESPONSE TO REPRESENTATIONS (where necessary)

The majority of comments made have been addressed in the above assessment. In relation to the outstanding items the following points can be made:

- The Highways Survey has been used in assessment of the proposal , however, conclusions regarding on-street parking implications have not relied solely on the Highways Assessment. - The point that the peak levels of on-street parking currently occur at evenings is noted and the proposal is considered to be acceptable in this regard. - Reference has been made to a number of other planning consents (implemented and non-implemented). Each of these proposals was assessed on its individual merits, and concluded to be acceptable in terms of parking impacts. The same assessment of the individual merits of this scheme is required to be carried out, and is considered to be acceptable in this regard. - The use of the area to the site frontage as an unofficial passing place would not constitute a reason to resist any development at the site. Long, narrow roads featuring double parking are a common feature within the vicinity. - Existing unauthorised parking on private bays would be a private issue to be resolved separately.

SUMMARY AND RECOMMENDATION

The application seeks outline consent for 5 x 3 bedroom dwellings in a single terrace, in place of the existing buildings at the site which form a cleaning / upholstery business.

The site is considered to be capable of accommodating 5 dwellinghouses, whilst being in keeping with the character of the street scene and surrounding locality. The proposed dwellings would be considered to have an acceptable impact upon the amenities of neighbouring occupiers, avoiding an overbearing impact, loss of natural light and loss of privacy impacts.

89 The proposal would be considered to have an acceptable impact upon highway safety, avoiding a significant incremental impact upon on-street parking within the vicinity.

Overall, the proposal is considered to be acceptable and therefore outline approval is recommended.

HEADS OF TERMS FOR LEGAL AGREMENT

The owner shall, on or before the commencement of development, pay to the Council the sum of £7,879.50 to be used towards the provision or enhancement of Open Space within the vicinity of the site.

In the event of a satisfactory S106 Planning Obligation covering the Heads of Terms set out in the preceding paragraph not being concluded before the 18th May 2009 (in order to meet the Government 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.

90

Case Number 09/00837/LBC

Application Type Listed Building Consent Application

Proposal Demolition of existing extension to Coach House, new extension to Coach House and alterations to Vestry Hall to form shared student living accommodation and provision of landscaping works

Location 80 Crookesmoor Road Sheffield S6 3FR

Date Received 23/03/2009

Team SOUTH

Applicant/Agent Adam Khan Architects

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development by virtue of its design, external appearance, scale, mass, poor detailing and removal of original internal features would detract from the special architectural and historic interest of Vestry Hall, Crookesmoor Road, a Grade II Listed Building and its curtilage and setting. In this respect the proposal is contrary to Policies BE15 and BE19 of the Unitary Development Plan.

91

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

FOR REPORT SEE 09/00904/FUL

92

Case Number 09/00809/CHU

Application Type Planning Application for Change of Use

Proposal Use of land as a car wash site between 0800 - 1800 hours and as a car park between 1830 - midnight on any day

Location 49 - 53 Broughton Lane Sheffield S9 2DD

Date Received 17/03/2009

Team CITY CENTRE AND EAST

Applicant/Agent CODA Studios Ltd

Recommendation Grant Conditionally

Subject to:

1 The approved development shall cease on or before one year of the date of this approval.

In the interests of highway safety.

2 Before the development is operational, details of the signing of the one-way system within the site shall have been implemented. The signage shall be provided in accordance with the approved plans before the car park and or car wash is used and thereafter, such signage shall be retained and maintained.

In the interests of the safety of road users.

3 The car park/carwash shall not be used unless details have been submitted to and approved in writing by the Local Planning Authority, showing how surface water will be prevented from spilling onto the public highway. Once agreed, the measures shall be put into place prior to the use of the car park/carwash commencing, and shall thereafter be retained

In the interests of the safety of road users.

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

i been carried out; or

93

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

Highway Improvements:

1. A scheme at the site entrance on Broughton Lane to protect drivers making a right turn into the site from Broughton Lane.

2. To provide, along with the above requirement, appropriate information, signs and markings and/or other necessary highway construction to direct vehicles approaching the site access into the appropriate position to avoid turning traffic.

In the interests of the safety of road users.

5 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 the safety of road users.

6 The development shall not be used unless the new entrance off Broughton Lane in the north west corner of the site has been provided and it shall be retained whilst the site is used for the approved purposes

In the interests of the safety of road users.

7 The car park/carwash shall not be used unless a minimum of two staff have been provided in accordance with the agreed management strategy, as described in the submitted Transport Statement paragraph 4.2.7, one of which at least, will monitor and take appropriate action to prevent vehicles queuing on Broughton Lane to use the car park/carwash facilities.

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

8 Before development commences details shall have been submitted to and approved in writing of boundary treatment and gates on the Broughton Lane frontage and the development shall not be used unless such approved details have been implemented and thereafter retained

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

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield

94 Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

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

This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734215.

Attention is drawn to the following directives:

1. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

2. You are required as part of this development, to carry out works within the public highway: As part of the requirements of the 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 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.

3. 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

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

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

You should apply for a consent to: -

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

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

5. 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.

6. 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.

96 7. The applicant is advised that a formal Trade Effluent Consent may be required and Yorkshire Water should be contacted over this matter.

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

INTRODUCTION

This application is a resubmission of a previous application (08/05772/CHU) for similar uses, which was refused due to highway safety issues, with delegated authority. The temporary use of this site as a car park and car wash is now sought as the existing approval for office development is unlikely to take place in the immediate future due to the current financial climate

97 LOCATION AND PROPOSAL

The site consists of land formerly occupied by a Conservative Club building located on the eastern side of Broughton Lane opposite the main entrance and close to the Valley Centertainment complex. On the frontage either side of the site are single storey buildings; to the north is a fast food outlet separated by an area of cleared land and to the south an empty shop unit. At the rear and adjoining the site are other buildings in industrial and office use with a couple of public house buildings further to the south on Broughton Lane. The site itself is relatively level and land falls to the east by approximately 1 metre to land occupied by a car park with commercial units, plus offices, accessed off Clifton Street. A brick wall up to approximately 3 metres high forms the common boundary with the land to the east.

Land within the site has been hard surfaced with a fall away from the highway. There is a highway access to the site on its south west corner to Broughton Lane. Railings approximately 1metre high incorporating gates at the access form the highway boundary. On site are two containers and a portaloo.

It is proposed to temporarily use the site for hand car wash purposes during the day (08.00 to 18.00 hours) and as a car park in the evenings (18.00 hours to midnight) on any day. Operation of the car wash includes a zig-zag vehicle path with cleaning taking place adjacent to the eastern boundary. The route of vehicles will be marked out with arrows. Thirty seven car parking spaces will also be marked out. Separate entrance and exits will be provided by the creation of a new access point off Broughton Lane on the north west corner of the site.

This proposal is in part retrospective as the use of the site as a car wash had commenced prior to the submission of any application and enforcement action was taken to stop the activities on site. The site cabins, boundary treatment and hard surfacing were implemented in conjunction with the unauthorised use. However, operations have ceased pending the outcome of this application.

RELEVANT PLANNING HISTORY

07/04032/FUL Erection of 5/6 storey building to be used as offices with ground floor and basement car parking, (Amended scheme to 03/03307/FUL) Approved 22.01.08

08/05772/CHU Use of land as a car wash site between 08.00-18.00 hours and as a car park between 18.30 hours and midnight on any day. Refused with delegated authority on 29.01.09

SUMMARY OF REPRESENTATIONS

One email has been received from a representative of the Sheffield Arena, raising concerns about potential danger and confusion to the public that has not been addressed since the application was last submitted. The objector considers this proposal will make a difficult traffic management situation (on Broughton Lane during events at the Arena?) worse.

98 PLANNING ASSESSMENT

Policy Issues

The site falls within a Fringe Industry and Business Area in the Unitary Development Plan (Policy IB6). This Policy includes offices (Use Class B1) as a preferred use, for which permission has already been granted and car parks are also identified as acceptable. Sui generis uses such as the car wash are judged on their merits. Policy IB9 requires safe access to the highway network from new development or a change of use in Industry and Business Areas.

There are no major design issues arising from this proposal. The two portacabins currently on site are set back from the highway and as the use is for a temporary period the type of building is acceptable. Submitted plans also indicate that only one site cabin is proposed. It should also be taken into account that the area to the east of the site is industrial and commercial in nature and such buildings are more in character with the area. The proposal also brings benefits in that the site is tidied up where previously it was derelict, the former club having been demolished.

Amenity Issues

Concerns were raised by a neighbour when consulted on the previous proposal 08/05772/CHU about spray and water drifting over the boundary wall and car parking not being too close to the wall. There is, at present, a high wall on the eastern boundary which would act as a screen. This, coupled with the position of cars as indicated on the submitted plans, sets the car washing area away from the boundary and it is thus considered that adjacent occupiers would not be affected by the operation of the car wash. There are no residential properties in the area which would be affected by the car wash or parking operations.

Highways Issues

The previous application for car wash and parking on the site was refused on highways safety grounds. This was due to the proposal resulting in an over- intensification of the use of an existing substandard means of vehicular access. That proposal only used the existing access at the south west corner of the site. This access predated the construction of the access to the Arena car park and as the site access has subsequently had little or no use it had not been a major concern when considering highway safety issues at this location. However, the proposals to provide a car park and hand car wash using that vehicular access gave rise to considerable concerns, particularly when events are held at the Arena, which were reinforced by comments from the Traffic Management section of the Council.

A right turn manoeuvre in and out of a site is the most difficult manoeuvre at any location but on a major road such as Broughton Lane, a right turn can become a dangerous manoeuvre. When this was considered, along with the nearby Arena access, the substantial increase in vehicular movements that may potentially arise from the use of the existing vehicular access to the site, and the highway layout on Broughton Lane, which prevents any reasonable measures from being introduced

99 to reduce the anticipated conflicts resulting from these proposals, it was concluded that highway safety would be seriously compromised on the previous application.

The existing approval of an office block on the site includes 40 on-site parking spaces within the building. However, the nature of traffic generated by such development is considered different from that using the site for a car wash business and surface parking. Traffic movements in and out of the office parking areas would be concentrated in rush hours. A traffic assessment is required as a condition of the other approval which might result in some controlling of movements in and out of the site and staff using the office could be advised of, and are more likely to adhere to, turning restrictions. It would not be possible to control customers entering and leaving the proposed car wash or car parking uses proposed and the car wash could attract more traffic during the day than the proposed office car park with potential conflicts of traffic manoeuvres.

Following the refusal, amended details were negotiated to overcome the highway safety concerns. A new vehicular entrance is to be provided at the north west corner of the site for inbound vehicles only with the existing access for the use of exiting vehicles. For vehicles turning right from Broughton Lane into the site, road markings are to be provided to provide ‘harbourage’. That is - a right turn bay will marked out of the main traffic flow. The exit will be skewed to direct traffic to the left out of the site. Signage will also be provided on site indicating no entry out of the north west access and no right turn out of the exit. These signs are to control internal vehicle movements and to prevent conflicts with traffic entering the site, and right turns out across the flow of traffic on Broughton Lane. A further concern in the previous application was that the proposal might result in vehicles waiting on the highway either for the car wash or to pay for parking. As indicated on submitted plans, there is considered to be adequate space on site to hold enough cars waiting to be washed at any one time. Staff on site will be also be required to advise waiting drivers on the highway to move on. Car parking will be paid for once a car is parked rather than paying at the entrance which would lead to queuing.

Overall the highways safety concerns are considered to have been met through details submitted.

Access Issues

The site is relatively level and users of the site may only need to enter the cabin to make payments. Thus level or ramped access must be provided to the temporary cabin.

Drainage Issues

Due to a slight fall, the site drains towards its centre. This will prevent water spilling onto the highway. There is an existing gulley which includes a trap to intercept oils etc. which will drain the site. The applicant will be advised that Yorkshire Water should be consulted as to whether a formal Trade Effluent Consent is required.

100 RESPONSE TO REPRESENTATIONS

These are dealt with in the above report.

SUMMARY AND RECOMMENDATION

The proposed car wash and car park uses do not, in principle, contravene Policy IB6 of the Unitary Development Plan and the site will be brought back into use and jobs created, albeit temporarily until the approval for office development is implemented. The highways safety issues, which resulted in the previous application for the proposed uses being refused, have now been satisfactorily addressed. That is, vehicle movements in and out of the site are controlled by the creation of a separate entrance and internal signage and road markings on Broughton Lane are also to be provided. The proposal is intended to provide extra parking in the area in the evening whilst not adding to traffic management problems during such times and thus the proposal concurs with Policies IB6 and IB9 of the UDP.

It is therefore recommended that the Area Board approve the application subject to conditions, which includes a one year approval to test the highway safety issues of the operation.

101

Case Number 09/00706/FUL

Application Type A Full Planning Application

Proposal Alterations and extensions including first-floor extension to bungalow to form two-storey dwellinghouse, two-storey front extension and erection of garage (re submission of 08/05586/FUL) (amended plans received 15/04/2009)

Location 24A Barnet Avenue Sheffield S11 7RN

Date Received 09/03/2009

Team SOUTH

Applicant/Agent Mr C Tordoff

Recommendation Grant Conditionally

Subject to:

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

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

2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (and any order revoking and re- enacting the order) no additional windows or other openings shall be formed in the East or West elevations of the building facing towards Muscoka Drive and Barnet Avenue hereby permitted without the prior written consent of the Local Planning Authority.

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

3 Details and specifications of the following items shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development:

Roof materials Render material and finish Windows

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

In order to ensure an appropriate quality of development.

4 The use of the games room and bar shall at all times remain incidental to the enjoyment of the main dwelling house and these such shall not be sold or let as a separate unit.

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

5 The hardstanding to the driveway shall consist of porous materials, or shall direct surface water run off from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse.

In order to mitigate against the risk of flooding.

6 The rooflights to the dwellinghouse shall be at least 1.8m higher than the floor level of the room they serve, and shall not, at any time, serve a room whose floor height is less than 1.8m below the height of the rooflights.

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

Attention is drawn to the following justifications:

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

BE5 - Building Design and Siting H14 - Conditions on Development in Housing Areas and SPG - Designing House Extensions

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. 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.

103 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

INTRODUCTION

Members will recall that this application was considered at the Board meeting of 27th April 2009, and Members resolved to visit the site prior to making a decision on the application.

LOCATION AND PROPOSAL

The proposal refers to the site of 24a Barnet Avenue, a backfields development currently consisting of a detached bungalow, which is presently unoccupied. The site is accessed from a driveway, which links to Barnet Avenue. The site borders the back gardens of neighbouring properties on Muskoka Drive, Barnet Road and Barnet Avenue. To the North is an expanse of land, presumably owned and used by one of the properties on Muskoka Drive or Barnet Avenue.

104

The subject property has a large plot size, covering over 700 square metres. The site is relatively narrow, with the existing bungalow being approximately 4m distant from the curtilage with properties on Muskoka Drive, and between 4 and 6m distant from properties on Barnet Avenue. The bungalow benefits from a large expanse of associated amenity space to the South.

Land falls from the South to the North across the site, with the present detached garage to the North being situated on ground approximately 1.5m lower than the land the main bungalow is placed upon.

The application seeks permission for the construction of a first-floor plus a two- storey side extension to the West and a two-storey addition to the North of the existing bungalow. The resultant building will have a different design to the existing, comprising of new proportioned windows and patio doors upon the elevations to the North and South and the utilisation of render as opposed to the existing bricks of the bungalow.

Development is proposed for the building of a two-storey extension to the North and East (bringing the extension within 2m of the boundary with properties of Muskoka Drive), plus the addition of a first-floor to the existing bungalow. A replacement garage is also proposed.

RELEVANT PLANNING HISTORY

A previous planning application for a first-floor extension and two-storey front extension and the erection of attached garage was received in 2008 (Ref: 08/05586/FUL). The proposal had a flat roof and randomly aligned windows, and involved an extension extending up to the site of the existing garage. The application was refused for the following reasons:

- The Local Planning Authority consider that owning to the scale, contemporary form and extent of expansion of the existing dwelling, the proposed development represents an overdevelopment of the site, of inappropriate design, which is out of scale and character with surrounding property. As such the proposal is contrary to Policies BE5 and H14 of the Unitary Development Plan for Sheffield.

- The Local Planning Authority consider that owning to the use of a single roof light to serve bedroom accommodation within the dwelling, the extended dwelling would contain habitable rooms with no outlook, to the detriment of the occupiers of the proposed accommodation. As such the proposal is contrary to Policy H14 of the Unitary Development Plan for Sheffield.

SUMMARY OF REPRESENTATIONS

Fifteen representations (including one from a councillor) have been received, containing objections and issues relating to the development as originally submitted. Points raised are that:

105 Design

- The proposed building will be prominent and will be an overdevelopment of the site. - The design of the proposed building will have blank side elevations of unsatisfactory design. - The building will be out of character with the surroundings as viewed from the rear gardens of neighbours. - The scale, form, details and materials of the proposed do not compliment surrounding buildings - The height of the proposed building will have a great impact upon the skyline of properties on Muskoka Drive. - The proposed materials will not match the brick of the existing bungalow and will not be in keeping with surrounding properties.

Overshadowing Impact

- The proposed building will overshadow properties on Muskoka Drive, Barnet Road and Barnet Avenue, contrary to SPG guideline 7. - Properties on Muskoka Drive will appear ‘Walled in’. - The proposed building is taller than the example refused in January 2009 due to the incorporation of a pitched roof. - Redevelopment should remain as a bungalow

Impact on Privacy

- The proposed windows in the North and South elevation will affect the privacy of neighbouring properties. - Windows in the East elevation will cause a loss of privacy to the properties on Muscoka Drive - The proposed rooflights in the roof will cause privacy issues to the East and West, and may indicate rooms to be placed within the roofspace.

- Traffic and Parking

- The proposed parking area could result in a significant increase in traffic volume, causing danger to pedestrians. - The parking accommodation proposed will increase traffic noise heard from neighbouring gardens. - The proposed development will increase on-street parking due to the narrowness of the existing drive.

Other Points Raised

- No security lights are proposed as per the original application, should it be assumed that these are not to be implemented? - The proposal will have a negative impact upon drains on site. - Noise from new residents will cause disruption. - The proposed balcony is not drawn on the side elevations of the plan (response: this balcony is shown on the floor plans and the front and rear

106 elevations – as such enough information exists to allow for the impact of this element to be assessed. In addition, the applicant has sent in amended plans on 15/04/2008 to show the balcony on the side elevations).

In addition, the following non-planning related matters were received from neighbours:

- Impact on views to the rear of properties – views are not material planning matters. - Will reduce the value of adjoining properties – not a material planning concern. - Noise of construction work – covered by environmental health and nuisance laws.

Councillor Sylvia Dunkley has objected to the development on the grounds that the changes to the scheme do not address the previous concerns; the scale of development results in overdevelopment of the site; the design is inappropriate and out of scale and character with the surrounding area; the proposed materials are out of keeping; there is potential for overlooking, all of which means the scheme is contrary to Policies BE5 and H14 of the UDP.

PLANNING ASSESSMENT

Policy Issues

The site falls within a Housing Area in the Unitary Development Plan. As a result, the policy guidelines of policy H14 ‘Conditions on Development in Housing Areas’ will apply. Policy H14 emphasises that, in Housing Areas, new development will be permitted provided that:

- New buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and - The site would not be over-developed or deprive residents of light, privacy, or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and - It would provide safe access to the highway network and appropriate off- street parking and not endanger pedestrians.

In addition to the above, the proposal should also meet the requirements of the Supplementary Planning Guidelines (SPG) upon ‘Designing House Extensions’ and policy BE5 ‘Building Design and Siting’.

Design Issues

The proposed alterations and extensions do differ significantly in design from those submitted in the original application (Ref:08/05586/FUL). The proposal involves the construction of a first-floor plus two-storey extensions to the North and West. A pitched roof is proposed which will comprise of two gable ends facing the North and South. The majority of windows will be upon the North and South elevations, which will align with each other and will be more traditional in appearance to those

107 originally proposed. Two side windows are proposed to the East, whilst three rooflights are also indicated to provide light to an en-suite, laundry room and bathroom. Cream coloured render is proposed for the walls, with grey concrete tiles proposed for the roof.

The proposed building is of good design, and is a significant improvement from the originally submitted example which, although not visible from the streetscene, was not in character with surrounding properties, which predominantly consist of pitched roofs. The use of a pitched roof in this example, coupled with a more traditional window layout will ensure that the building will compliment surrounding properties more sympathetically. The original bungalow is of poor aesthetic appearance, and does little to contribute to its surroundings. As a result, to ask for the resultant building to utilise matching materials to the original property (as per the recommendations of SPG policy BE5), would be counterproductive and would result in a building of a lesser quality than the example proposed in this case. Surrounding buildings are predominantly rendered, and a cream render should compliment these neighbours more sympathetically than the existing bungalow. Concrete tiles and uPVC windows are also features utilised in several neighbouring properties. To ensure that the proposed materials are of a suitable quality, conditions will be used to ensure that details of the windows and render are submitted for approval to ensure these will be of a suitable standard.

Concerns that the proposal is an ‘overdevelopment’ of the plot are noted. However, the area covered by the building will increase to approximately 120 square metres. This is in line with the area covered by existing two-storey properties on Barnet Avenue, such as numbers 16 and 26 which cover a similar area of land within plots of a similar size.

The neighbourhood does consist of a mix of building sizes on Barnet Avenue and Barnet Road, and the size of the proposed dwellinghouse is in line with the area covered by buildings on these streets. Although a second storey is proposed, the total height of the proposal will be in line with the wall height of surrounding buildings, whilst the low pitch of the proposed roof will reduce the overall visual ‘mass’. The level of open space around the plot will remain significant (over 300 square metres), ensuring that an element of openness will remain on site.

This re-submitted application will result in a building covering a significantly smaller area than the previous refusal, in line with the size and massing of several surrounding properties. As such, it will not overdevelop, or overdominate the surroundings in which it will sit.

Amenity Issues

The proposed extension will have a separation distance of over 30m to the rear windows of properties on Barnet Avenue and the rear windows of properties on Muskoka Drive. SPG guideline 5 recommends that a separation distance of 12m is sufficient to prevent a two-storey extension overshadowing the ground floor windows of a property directly facing the extension site. In this case, the separation distance of over twice this recommendation is considered a sufficient separation distance to ensure that these neighbouring properties will not be

108 significantly overshadowed. Although land height differences are noted, whereby some properties on Muskoka Drive are approximately 0.5m lower in elevation from the subject site, the substantial separation distance to the rear of these properties more than compensates for this. The height of the proposed building relative to the ground ranges between 5m and 6.7m in height, which is within the range of wall height for a typical two-storey building with pitched roof, to which the guideline refers. Other properties on Barnet Road will lie further distant from the proposed extension site, ensuring that the levels of potential overshadowing will not be significant for these neighbours.

The proposed garage building will be slightly taller than existing due to the incorporation of a new pitched roof. The height, however, will remain under 3.5m and it will be a sufficient separation distance form the closest windows of neighbouring properties.

Representations have been received concerning the potential for the additional first-floor to impact upon the privacy of neighbours. Privacy towards Barnet Avenue and Muskoka Drive has been improved upon in comparison to the original application. No windows will exist at first-floor level directly looking out towards these neighbours. The proposed ground floor windows facing the East will have views towards the curtilage of neighbours curtailed by an existing tall 2m high hedge. The windows will not be upon the section of the side elevation where the hedge is of a lower height. As such, a screening fence is not required.

Three side rooflights are proposed. These will, however, serve the rooms marked below in the plans, and will be above roof height. A condition will be used to ensure these windows are at least 1.8m above floor height for the rooms they serve. The true height is likely to be over 2m, and it is not considered that this will allow for any direct views to the sides.

Large expanses of glazing on the North and South elevations should not cause significant disamenity problems. No houses exist to the direct North, with open space present. Land not owned by the applicant is more than 10m to the North of the proposed windows of the property. To the South, a distance of over 22m to the curtilage will prevent the first-floor windows on this side causing significant privacy problems for houses on Barnet Road. The proposed first-floor balcony will have screening upon the sides to prevent overlooking towards Muskoka Drive or Barnet Avenue.

The proposed windows will offer enough light for the occupiers of the building, with all the main habitable rooms having an appropriate outlook. As an improvement from the original scheme, none of the bedrooms will lack a direct outlook to the front or rear gardens of the site. The only rooms being served by rooflights will be bathrooms and a laundry room. These are not rooms that require a direct outlook. As such, the original concern raised that the proposal would result in habitable rooms without a sufficient outlook has been overcome.

No security lighting is proposed in this application. Nevertheless, lighting could be installed without the need for planning permission. As a result, a directive will be used within any decision notice to remind the applicant to meet the requirements of

109 the Guidance Notes for the Reduction of Light Pollution” from the Institution of Lighting Engineers.

Some neighbours have raised the issue regarding the impact of the proposal upon drains. It is not considered that the larger property will result in greater use of the sewerage network than that for a typical domestic dwellinghouse. In addition, Building Regulations should ensure that building work itself does not damage drains on site.

A concern about noise from residents is noted. However, the site has an established residential use and has a large detached plot. As a result, it is not considered that this consideration can bear much weight.

Highways Issues

The proposed building will offer space for 5 cars, with two of these within the new garage building. The off street parking is sufficient, and is in line with the existing parking accommodation, which can comfortably accommodate 5 cars at present. No significant amenity issue should result from the proposed parking in this context.

Concerns about noise from the parking area are noted. However, the drive area will provide parking for a domestic use, and as such, no unreasonable car activities should take place. It is not considered that the domestic use of a single dwellinghouse will cause significant traffic problems.

SUMMARY AND RECOMMENDATION

The revised proposal in this application makes significant improvements over the originally refused application on site (Ref:08/00706/FUL). The building utilises materials that complement neighbouring properties, and will have a traditional form in character with the various detached dwellinghouses visible on Barnet Avenue and Barnet Road. The traditional style will also be more in character with the semi- detached properties of Muskoka Drive. The more sympathetic design, and smaller area of land covered by this proposal will ensure that it will complement the surroundings, and will be in character with the general building style visible from dwellinghouses bordering the site. The plot is of a large size, and coupled with the fact that the area covered by the proposal is similar in scale to several neighbouring dwellings, the development cannot be considered to be an overdevelopment of the site.

The proposal has resolved concerns originally raised that a main habitable room will have no outlook, reducing the number of bedrooms to ensure that all have a suitable outlook over the main amenity areas to the front and rear of the new dwellinghouse.

Overall, the development overcomes the concerns originally raised in the refusal of the original submission. In addition, it poses no significant amenity issues for neighbours regarding potential privacy or overshadowing concerns by more than

110 exceeding general planning recommendations as set by the Supplementary Planning Guidelines.

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

111

Case Number 09/00678/FUL

Application Type A Full Planning Application

Proposal Erection of dwellinghouse (resubmission of 08/04463/FUL)

Location 3 Perigree Road Sheffield S8 0NE

Date Received 05/03/2009

Team SOUTH

Applicant/Agent David Wright

Recommendation Grant Conditionally

Subject to:

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

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

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

In the interests of the amenities of the locality.

3 Before development is commenced, full details of all hard surfaced areas within the site shall have been submitted to and approved by the Local Planning Authority. Such details shall consist of porous materials, or shall direct surface water run off from the hard surface to a permeable or porous

112 area or surface within the curtilage of the dwellinghouse. Thereafter the hard surfacing shall be implemented in accordance with approved details.

In order to mitigate against the risk of flooding.

4 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.

5 At all times that building 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.

6 The dwellinghouse shall not be used unless a 2 metres wide footway has been provided along the site frontage on Perigree Road and connected to the existing footway system.

In the interests of pedestrian safety.

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

In the interests of the safety of road users.

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

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

9 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.

113 Attention is drawn to the following justifications:

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

BE5 - Building Design and Siting H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas GE15 - Trees and Woodland

This informative is intended as a summary of the reasons for grant of planning permission.

Attention is drawn to the following directives:

1. As the proposed development will 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.

2. The applicant is advised to contact the Council's Development Services, Land Drainage Group, 2-10 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.

3. 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.

4. The applicant is advised that noise and vibration from demolition and construction sites can be controlled by Sheffield City Council under Section 60 of the Control of Pollution Act 1974. As a general rule, where residential occupiers are likely to be affected, it is expected that noisy works of demolition and construction will be carried out during normal working hours,

114 i.e. 0800 to 1800 hours Monday to Friday, and 0800 to 1300 hours on Saturdays with no working on Sundays or Public Holidays. Further advice, including a copy of the Council's Code of Practice for Minimising Nuisance from Construction and Demolition Sites is available from the Environmental Protection Service, 2-10 Carbrook Hall Road, Sheffield, S9 2DB: Tel - 0114 2734651.

5. The 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

115

If you require any further information please contact Mr S A Turner on Sheffield (0114) 2734383.

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The application site relates to a vacant area of land to the side of, and originally within the curtilage of, No. 3 Perigree Road. No. 3 is a semi-detached dwelling to the end of a row. There is a detached garage next to the boundary with the vacant land and from this point the land falls away steeply to a row of modern, terraced style dwellings with more traditional semis below. The side boundary to No. 3 which separates the proposed site from No. 3 consists of close boarded timber fencing for the length of the side boundary.

116 The land falls away steeply from the front to the rear of the site.

The rear boundary and side boundary consists of a mixture of unmanaged hedging and some trees most of which are of poor specimens.

The street scene consists predominantly of traditional, bay windowed semi- detached dwellings.

The proposal involves the erection of a two storey dwelling which, owing to changes in ground level, becomes three storeys at the rear.

RELEVANT PLANNING HISTORY

86/02380/FUL – formation of bay window – Granted – 30/12/86 08/00446/OUT – erection of a dwellinghouse – Granted conditionally – 22/04/08 08/04463/FUL – erection of a dwellinghouse – Withdrawn – 21/10/08

SUMMARY OF REPRESENTATIONS

1 letter from the tenant of the garage concerned about the impact of development on trees and hedges in the area. Site boundary is part of the original field pattern of the valley and the mature trees and hedgerow contribute significantly to the amenity of the overall area.

Proposed building is tight on the plot – laying of drains and foundations would interfere with tree and hedgerow roots.

Full tree survey not provided

PLANNING ASSESSMENT

Policy Issues

Policy H10 ‘Development in Housing Areas’ states that in housing areas, housing will be the preferred use and therefore the proposal is acceptable in principle.

Policy H14 ‘Conditions on Development in Housing Areas’ requires that new developments are of an appropriate design, protect the amenities of existing residents and provide suitable accommodation and amenities for future occupiers of the property.

Policy BE5 ‘Building Design and Siting’ requires that good design and quality materials are used in all new developments.

Policy GE15 ‘Trees and Woodland’ requires that mature trees be protected and not damaged by construction.

In principle therefore the development of this site for housing is acceptable.

117 Being only a single unit, there are no requirements for affordable housing, open space contributions or sustainability features to be provided for this site.

Trees

The existing unmanaged hedge round the rear and north western perimeter of the site requires crown reducing and pruning back to reshape it. During these works the roots would need to be protected and as such protective fencing around the edges at approximately 1-2 metres would be necessary and should be conditioned as such.

The existing ash tree situated towards the middle of the site has a large crack from a split leader near the base and an amount of decay and as such is likely to fail in the future and removal is recommended with a suitable replacement elsewhere on the site.

There is a large ash to the hedge line which is worthy of retention and will be conditioned as such.

Design

The design is largely dictated by the small width of the plot and consists of a modern style, detached dwelling with a gabled style roof. Part of the dwelling is set back from the front wall by 4.5 metres and includes a splay owing to the angled nature of the site. Exploration of a style of dwelling with a hipped roof was considered but owing to the restricted widths of the site, this would have given an extreme vertical emphasis which was not considered acceptable in the existing street scene.

The architect has tried to reflect some traditional character by adding a partial bay to the ground floor front window which is considered a desirable feature.

A street scene elevational plan has been supplied which shows that the ridge height to the proposed dwelling will not exceed the ridge height to the neighbouring No. 3 and as such is considered acceptable.

The elevated nature of the site means that the rear of the site is 3 storey in height. During pre-application discussions, the fenestration on the rear elevation has been altered to reduce the expanse of brickwork to the former withdrawn application. The rear of the site is not highly visible in the street scene but due to its elevated nature is visible to an extent. It is considered that the proportions and alignment of window openings to the rear are acceptable.

There is a mixture of materials in the area including red brick and render and red or grey roof tiles. The dwelling proposes roof tiles in Marley monarch grey interlocking tiles which is considered acceptable given the mixture of styles in the area.

With respect to the street scene, the existing character of traditional dwellings is not strongly repeated in the proposal. However, it is acknowledged that this is one

118 isolated dwelling, restricted by site dimensions and will use similar materials to those in the area and proposes a bay window to try to reflect the character of the area and given these circumstances is considered an acceptable compromise in this instance.

Amenity

The plot on which the dwelling is proposed is long and thin. The outlook from the windows to the rear boundary is approximately 19 metres which is within the guidelines recommended within the Supplementary Planning Guidance – Designing House Extensions and as such is considered to be acceptable. Because of the angled boundaries to both the application site and the neighbouring dwelling, No. 3, some limited overlooking may occur from the first floor windows to the mid/rear of the rear garden of No. 3. It would have been preferable if the boundaries could have been altered slightly to improve this issue, however the applicant has advised that No. 3 has been sold and as such it is not considered a viable option for this to occur. It is not considered that the application is refusable on this ground, as the extent of overlooking is not significant.

The rear garden of the site also is considered to have adequate useable private amenity space within the suggested guidelines.

There is a small window proposed on the side elevation which will face No. 3. This window will serve a staircase and is proposed to be obscurely glazed and as such is considered acceptable.

There are two small side windows to the north west elevation. One is proposed to be obscurely glazed to serve a wc and the other to serve a hall/stairway and as such overlooking issues are not paramount especially given their outlook to the garage.

The plans have been changed from the original outline and during pre-application discussion it was considered that the projection at the rear originally impeded a line of 45 degrees to neighbouring property windows which was unacceptable in terms of overshadowing/overdominance to the occupiers of No. 3. The rear projection does not now impede the 45 degree line and as such is considered acceptable in terms of overshadowing.

Highways

Provision has been included for 2 off-street car parking spaces in line with guidance depicted in the SPG – Designing House Extensions. This is considered to be acceptable. Part of the driveway appears to be in the highway and as such a closure directive will be included to inform the applicant.

Some greenery has been provided to the front where possible owing to restricted site area and this is considered desirable in respect of the character of the area and so the frontage is not completely laid to hardstanding.

119 RESPONSE TO REPRESENTATIONS

A full tree survey was not considered to be necessary after an assessment of the site was undertaken by Landscape Officers. The existing hedging will be retained and a condition is required to be attached to ensure adequate protection of the hedge during building works.

SUMMARY AND RECOMMENDATION

The proposed dwellinghouse is of acceptable design, and does not impact negatively upon the amenities of neighbouring occupiers.

It is considered that the proposal meets with the requirements of Policies H10, H14, BE5 and GE16 of the Unitary Development Plan and the relevant guidelines in the SPG – Designing House Extensions and as such is recommended for approval.

120

Case Number 09/00502/FUL

Application Type A Full Planning Application

Proposal Erection of a three-storey rear extension to building to form 4 apartments and ground floor retail space and erection of new shop fronts

Location 213-219 Fulwood Road And 21 Nile Street Sheffield S10 3BA

Date Received 19/02/2009

Team SOUTH

Applicant/Agent Space Studio

Recommendation Grant Conditionally

Subject to:

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

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

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

121 In the interests of the amenities of the locality.

4 Details of security lighting to the rear of the building shall be submitted to and approved in writing by the Local Planning Authority before the development commences. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

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

a) Be based on the findings of an approved noise survey of the application site, including an LPA-approved method statement for the noise survey. b) Be capable of achieving the following noise levels; Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours), Living Rooms:LAeq 15 minutes - 40 dB (0700 to 2300 hours). c) Include a system of alternative acoustically treated ventilation to all habitable rooms.

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

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

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

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

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

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

7 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

122 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.

8 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried out outside the building within the site of the development between 2300 hours and 0700 hours Monday to Saturday and between 2300 hours and 0900 hours on Sundays and Public Holidays.

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

9 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:

Windows Window reveals Gates Doors Eaves and verges

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

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

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

S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting BE16 - Development in Conservation Areas

and Core Strategy

CS74 - Design Principles

This informative is intended as a summary of the reasons for grant of planning permission.

123

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The application relates to a stone built building on the corner of Fulwood Road and Nile Street. The building is currently used for retail accommodation at ground floor level and residential units above. The shop fronts face Fulwood Road and have similar frontages to other shops within the District Shopping Centre. An access gate is situated to the west of the subject building and this provides access to the residential units and the bin store.

The property is situated within a District Shopping Area and the Broomhill Conservation Area as defined in the Unitary Development Plan. The buildings along Fulwood Road have a strong traditional character with natural stone and

124 slate being predominant throughout the street. Over the years, the shop frontages that have been erected have not reflected the traditional character of the street and the general appearance of the conservation area has been diluted somewhat.

In 2007 an application for 8 apartments was approved. These have now been erected and are sited to the south east of the subject property. They sit on both Nile Street and Peel Street. Directly south of site is the car park for the old Telephone Exchange and this is set significantly lower than the subject property.

This application seeks permission to erect a three storey rear extension to the existing stone built property. The extension would form 4 apartments and would enable the retail units to be expanded slightly. The development would also include the construction of high quality shop frontages to the existing retail units.

RELEVANT PLANNING HISTORY

There is no relevant planning history associated with this site. However, it is important to note that the development that was granted consent on the corner plot between Nile Street and Peel Street has been built. These apartments are owned and controlled by the applicant of this application.

SUMMARY OF REPRESENTATIONS

There have been two representation received in connection with this application. The concerns relate to:

- The overall height of the proposed building in relation to the surrounding area, and its immediate neighbours concern that it is one-storey higher than adjoining buildings. - Its character and appearance within the streetscene - The disruptive nature of the proposed works to the highway and the general amenities of the area.

The above planning related concerns are discussed further in the subsequent report.

PLANNING ASSESSMENT

Policy Issues

The application property is situated within a District Shopping Centre and the Broomhill Conservation Area. The most relevant planning policies are therefore outlined in UDP policy S7, S10, BE5 and BE16. Weight should also be given to the policies outlined in the recently adopted Core Strategy. (Policy CS74 ‘Design Principles’ is the most applicable policy to this application.)

UDP policy S7, ‘Development in Local and District Shopping Centres’, outlines the preferred uses within Local Shopping Centres. It states that whilst retail is the preferred use, residential uses are acceptable.

125 Whilst UDP policy S7 establishes what uses are acceptable, policy S10 then outlines conditions for development within Local Shopping Districts. Amongst other things it states that:

In Shopping Areas, new development or change of use will be permitted provided that it would: a. not lead to a concentration of uses which would prejudice the dominance of preferred uses in the Area or its principal role as a Shopping Centre; and b. not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety; and d. be well designed and of a scale and nature appropriate to the site As the retail units are being modified and retained, the residential units above are not considered to prejudice the dominance of the preferred use in the area or its principal role as a Shopping Centre.

UDP Policies BE5, BE16 and Core Strategy policy CS74 are concerned with the design of the building and its relationship with the streetscene. They also seek high quality design that preserves and enhances the character and appearance of the conservation area.

Design Issues

The proposed rear extension would be three stories in height and would sit neatly behind the existing stone built property. The only aspect of the building that would be visible from a streetscene is the rear elevation. This would be visible from Peel Street but would be viewed from a distance across the Telephone Exchanges car park. Given that the surrounding buildings are brick and enclose the site slightly, when walking along Peel Street the extension would be almost invisible as it would be concealed by the other buildings and would be set up from eye level. The materials would match the brick built apartments and brick elements of the original building. The slate tiles would also tie the extension in with the original building and the windows are to be replaced with more traditional timber sash windows. It is not considered, therefore, that the extension would detract from the character and appearance of the original building. Furthermore, the design of the extension is considered to respect the character of the original building and its surrounding area and is therefore satisfactory with regards to UDP policies S10, BE5, BE16 and Core Strategy CS74.

This proposal seeks permission to also construct new shop frontages to all the existing retail units. The design is very traditional with detailed stall risers and timber pilasters. The doors would have a minimum clear door width of 1000mm and would have level accesses. The shop frontages are a great improvement to the existing retail units and would contribute greatly to the character and appearance of the area. In this respect the proposed shop frontages are considered to be welcomed alterations that would enhance the appearance of the original building and the surrounding area.

126 The proposed extension to form the 4 apartments would be accessed from Fulwood Road via an access gate. The existing dilapidated gate will be replaced with a black wrought iron structure and together with the much enhanced frontage, the proposal is considered to positively contribute towards the character of the Broomhill Conservation Area.

The proposed extension is considered to be of an appropriate scale and built form and together with the high quality materials it is considered that proposed design conforms with all relevant UDP and Core Strategy planning policies.

Amenity Issues

Although the proposed rear extension is set slightly higher than the Telephone Exchange, it is very similar to the massing and built form of the neighbouring properties. The neighbouring properties no 221, protrude further back than the subject properties and the massing and built form are not considered to significantly overbear upon any residential unit.

The windows that are positioned to the rear of the property would have direct outlooks towards the Telephone Exchange and a car park. Moreover, the windows to the rear of the apartments on Peel Street are set at a significant angle which would also minimise any overlooking between the different apartments. In this respect, it is not considered that the proposal would impinge upon the privacy and/or living conditions of any neighbouring properties.

Amended plans have been received illustrating that a level of external amenity space can be achieved that will adequately serve the proposed apartments. Approximately 37 square metres has been provided (excluding the bin store) and the plans show that a landscaping scheme could be implemented providing a decent level of visual amenity. Given the tight urban district shopping centre location, it is considered that the amenity space provided is adequate for this residential scheme. In this respect the proposal is considered to satisfy UDP policy S10.

Owing to the siting of the proposed flats next to a busy vehicular intersection, it is considered that sound attenuation measures should be undertaken to ensure that the living conditions of the occupiers of the flat are of a satisfactory level. Provided that any approval granted contains such a condition, the living conditions of the occupiers are considered to be of a satisfactory standard and acceptable in terms of UDP policy S10.

Highways Issues

There is no off-street car parking provision within the scheme, however, owing to the very sustainable location next to good public transport links and various local amenities, the proposal is not considered to give rise to any highways issues and is acceptable in terms of UDP policy S10.

127 RESPONSE TO REPRESENTATIONS

Whilst the design related issues have been discussed above, the concern regarding the disruption of the surrounding neighbourhood whilst works are carried out is not considered to be a material planning consideration. This is owing to the size and scale of the proposed development.

SUMMARY AND RECOMMENDATION

The proposed design is considered to be an acceptable scale, built form and massing that sympathises with the character and appearance of the existing building and the surrounding area. Together with the high quality materials and the high quality designed shop fronts, the proposal is considered to positively contribute to the character of the existing building and the wider surrounding area.

Although the rear amenity space is fairly small, the nature of the residential units, together with their location in a tightly knit urban area, is such that the amenity space provided is considered to be satisfactory. The scheme is considered to provide decent living conditions for the occupiers of the apartments and the neighbouring residents.

The proposal is considered to be acceptable in terms of its built form, scale, materials and details, and is considered to provide decent living conditions for the occupiers of the site and its neighbours. The proposal is considered to be fully acceptable with regards to UDP policies S7, S10, BE5, BE16 and Core Strategy policy CS74.

Accordingly, the application is hereby recommended for approval.

128

Case Number 09/00360/FUL

Application Type A Full Planning Application

Proposal Erection of 4 dwellinghouses with garages

Location Curtilages Of 30-34 Birch Farm Avenue Sheffield S8 8GH

Date Received 04/02/2009

Team SOUTH

Applicant/Agent Coda Studios Ltd

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development by reason of its backland form, together with the orientation of the individual dwellings within their plots, together with their relationship to the private driveway; and the height of the T2 and T3 type dwellings, would be out of keeping with the uniform height of dwellings and strong building lines in the area and would thereby be injurious to the amenities of the locality. This would be contrary to Policies H14, H15 and BE5 of the Unitary Development Plan and Policy CS74 of the Sheffield Development Framework Core Strategy.

2 The Local Planning Authority consider that the proposed development would not adequately protect two mature trees adjacent the public footpath adjoining the southern boundary of the site due to encroachment into the Root Protection Areas of those trees and development beneath the canopy of tree T18. Any loss or significant decline of the trees adjacent the footpath would detract from the visual amenities of the locality and would thereby be contrary to Policies BE6 and GE15 of the Unitary Development Plan.

3 The Local Planning Authority consider that the locations of the two T1 type dwellings and their garages would result in unacceptable overlooking between main habitable room windows, inadequate outlook from the study windows and inadequate privacy to a habitable room window in an elevation abutting the access driveway. The development would therefore not provide satisfactory living conditions for future occupiers and would be contrary to Policy H14 of the Unitary Development Plan.

129 4 The Local Planning Authority consider that the location of the access drive in close proximity to the principle elevations of Nos30 and 32 Birch Farm Avenue would result in significant additional vehicular activity resulting in unacceptable noise and disturbance to occupiers of those dwellings. The development would thereby be contrary to Policy H14 of the Unitary Development Plan.

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The site is the extensive back garden areas to 3 inter-wars dwellings in a cul-de- sac. All 3 dwellings are in the same ownership. No30 is a detached dwelling whilst Nos32 and 34 are a pair of semis. With the exception of No30 all dwellings in Birch Farm Avenue are in the same style i.e. bay windows, hipped roofs and half brick/half rendered with long rear gardens and off street parking. Nos32 and 34

130 have rooms at lower ground floor level on the rear elevations due to a difference in ground levels of approximately 3.5 metres. No30 has a doorway at lower ground floor level.

No32 is angled towards No30 in order to respond to the round head of the cul-de- sac. A hedge defines the boundary between the two dwellings. A driveway runs down the side of No30 giving access to a substantial detached garage at a lower level. Beyond the garage the site levels out. The gardens are all well established with lawns and mature planting. A number of trees have been felled within the site prior to pre-application discussions taking place. The boundaries remain generally well screened by a mixture of fence panels and planting although there are some gaps to the boundary with dwellings in Meadowhead to the rear.

A public footpath leads from the head of the cul-de-sac between No34 and No27. The footpath links to a longer, tree-lined footpath which runs between Meadowhead and Little Norton Lane. On the opposite side of the longer footpath is a complex of 3 storey flats in Little Norton Drive.

The application proposes 4 detached two storey dwellings with 2 detached double garages. The side elevations of two of the dwellings face the boundary with dwellings in Meadowhead. These dwellings will be 1½ storeys high. The other two dwellings are towards the boundary with the public footpath and are 2 storeys high with rooms in the roof space.

A new private driveway is proposed with access being taken between Nos 30 and 32. New single garages are proposed to serve Nos 32 and 34 with No30 relying on parking to the front of the dwelling. This area is currently loose surfaced and used for parking. There is space for 2 cars.

RELEVANT PLANNING HISTORY

There is no recent planning history relating to the application site although outline planning permission for a bungalow and garage within the rear garden area of No34 Birch Farm Avenue was refused in 1973.

SUMMARY OF REPRESENTATIONS

38 letters of representation have been received from local residents. A petition with 39 signatures has also been received. The objections are summarised as:

- Overdevelopment and ‘garden grabbing’ – loss of privacy to residents and serious loss of existing garden space - Does not complement scale, form and size of existing buildings and the built character of the area - Will completely alter view towards development from every angle – character is gardens with natural habitats for wildlife - Out of character with inter-wars development and heritage of area – will be completely different form of development - Dormer style dwellings out of character and 3 storey dwellings taller than existing dwellings

131 - No provision for affordable housing and only pays lip service to mobility housing - Loss of large gardens that could be beneficial for family use – can’t be replaced - Deeds state green borders and frontages – loss of uniform appearance - Loss of privacy and seclusion to adjoining properties – noise, pollution and lighting pollution - Could alter water table, divert streams (including underground stream to rear of properties on this side of Birch Farm Avenue) and increase potential for surface water run off with possibility of flooding – no information about drainage proposals - Density considerably exceeds density in area - Excessive hard surfacing – contrary to Environment Agency advice - Additional traffic and parking in Birch Farm Avenue which is narrow – cars already park on verges to allow others to pass – photos provided showing demand for on street parking – reduce ability to park outside own homes which will lead to less surveillance and potentially increase car crime - Inadequate parking to serve new dwellings – only 8 parking spaces to serve 4 dwellings (total 16 bedrooms). Most houses in Birch Farm Avenue have at least two vehicles. Nos 30-34 have 8 vehicles and a caravan between them - Inadequate width of access between Nos30 and 32 – narrow road with no pavement and not to adoptable standard - Birch Farm Avenue will become a ‘feeder’ road for a new cul-de-sac - steep uphill incline from new driveway to Birch Farm Avenue – hazard to pedestrians and movements in turning circle – no other driveways have steep inclines - will compromise pedestrian safety for footpath users – inadequate visibility - footpath has lost rural character due to cutting back/removing trees - does not provide safe access to highway, especially for emergency, refuse, service and construction vehicles and will displace parking on a crowded street – bin lorries already have to reverse down Birch Farm Avenue - will result in extra bins awaiting collection and obstructing footway - will probably lead to increase in on-street parking – will cause problems in cul-de-sac particularly for vehicles to turn and safety issues for pedestrians, including families with young children who currently play safely in cul-de-sac - boundary fence may be subject to graffiti – undermine quality of area - loss of various wildlife habitats and wild flowers – many trees cut down already – gardens in Birch Farm Avenue are currently frequented by diverse wildlife including protected species - likely to increase rat population due to additional sewage and waste - loss of natural light to hedgerows and vegetable plots - easier access for burglars to gardens which are currently inaccessible - loss of privacy due to constant overlooking of gardens in Meadowhead due to proximity of new dwellings to boundaries - loss of privacy for mainly elderly people in flats in Little Norton Lane – Council limits occupants to over 60’s in recognition of need for quiet environment - loss of views from flats – many older people who spend a lot of time indoors and value greenery

132 - overlooking of No24 Birch Farm Avenue - query re some of the details on the application forms and consultation procedures - attention drawn to various pieces of wildlife legislation and the Biodiversity Action Plan and Urban Birds Species Action Plan (which identifies gardens as priority habitats) - no ‘need’ for housing demonstrated - potential for eyesore if scheme not fully completed due to economic climate - noise and disturbance during construction and devaluation of properties (these are not valid planning considerations)

One of the letters states that there is no objection to development but the layout needs to be re-considered.

Councillor Ian Auckland objects:

- overdevelopment - loss of privacy for residents - serious loss of existing garden space - does not complement scale, form and size of existing buildings and built character of the area - not of a sufficient sustainable design - does not provide safe access to highway, particularly for emergency and service vehicles - will cause parking displacement on a crowded street - access at head of cul-de-sac will not provide for safe pedestrian or vehicle movement - loss of wildlife habitat should be avoided - unwelcome ‘garden grab’

Meg Munn MP has viewed the plans and opposes the application:

- clearly overdevelopment of the site - significant effect on houses in Meadowhead as new buildings will be adjacent their gardens - no affordable housing has been considered

PLANNING ASSESSMENT

Policy

The site lies within a Housing Area as defined in the adopted Unitary Development Plan (UDP). The following UDP policies are most relevant in assessing the merits of the application proposals:

H7 (Mobility Housing) H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) H15 (Design of New Housing Developments) BE5 (Building Design and Siting)

133 BE6 (Landscape Design) BE9 (Design for Vehicles) GE10 (Green Network) GE11 (Nature Conservation and Development) GE15 (Trees and Woodland)

The following policies in the recently adopted Sheffield Development Framework Core Strategy are also relevant:

CS23 (Locations for New Housing) CS26 (Efficient Use of Housing Land and Accessibility) CS41 (Creating Mixed Communities) CS64 (Climate Change, Resources and Sustainable Design of Developments) CS67 (Flood Risk Management) CS74 (Design Principles)

Principle of Development

The proposals are a preferred housing (Class C3) use and are therefore acceptable, in principle, in accordance with UDP Policy H10.

Sustainability

The site is in a reasonably sustainable location being within the main urban area, within 400m walking distance of facilities at the Local Shopping Centre at Meadowhead and with 400m of Graves Park. There are regular bus routes a short walk from the site in Meadowhead. The development therefore complies, in principle, with Policy CS23.

Policy CS41 seeks to create sustainable communities through mixed housing opportunities. The proposals will add to the stock of housing suitable for family occupation in the area. The new dwellings will not enhance the housing mix which appears to be lacking in opportunities for small households below retirement age. However, due to the small scale of the development, the opportunities to increase the housing mix are limited and there is no meaningful conflict with Policy CS41 which is predominantly concerned with larger developments and conversions.

Density

Policy CS26 requires a density of 30-50 dwellings per hectare in order to represent efficient use of land in line with national planning policy in PPS3: Housing. This is subject to the character of the area being protected. Therefore densities outside this range will be permitted where appropriate.

The site, as existing, is developed at approximately 8 units per hectare. The general density of development in the area is around 28 units per hectare. The proposals represent a density of approximately 19 units per hectare, which seems reasonable in the circumstances and does not conflict with the principles of Policy CS26.

134 Design

The area is strongly characterised by traditional two storey height dwellings with hipped roofs and attached single width garages or open driveways. The dwellings sit in strong building lines behind front garden areas in generally long straight streets. The exceptions are the Graves Trust Almshouses in Little Norton Lane and the flats development in Little Norton Avenue/Drive/Way. Both these developments are relatively large scale and sit comfortably and distinctly in the wider context.

By contrast the proposed scheme introduces a form of backland development set around a private shared driveway. The houses vary in height, none directly facing the driveway and only one having any form of front garden area. The 1½ storey design is intended to minimise the impact on adjoining properties but is out of character with the design of properties in the area. The taller dwellings exceed the height and footprint of the majority of dwellings in the area which is inappropriate in most forms of backland development. The side elevation of the garage to serve No32 directly abuts the driveway and the detached double garages will be prominent between the dwellings.

In view of the above, the proposals are considered not to enhance the distinctive features of the neighbourhood, contribute to place-making or satisfactorily complement the scale, form or architectural style of surrounding buildings. The proposals are therefore contrary to UDP policies H14(a), H15 and BE5 and Core Strategy Policy CS74.

Policy CS64 seeks to reduce carbon emissions and use resources sustainably in new developments. Policy CS67 seeks to manage flood risk by, amongst other things, limiting surface water run-off from developments.

The development is of insufficient scale to justify requirements for reducing predicted carbon emissions or utilising renewable energy. However, there is no reason why the development cannot be energy efficient or why it cannot use resources sustainably. Surface water will undoubtedly increase as a result of the extent of surfaces being introduced in a green environment but run off can be limited by condition if planning permission is granted.

In view of the above, the proposals are capable of complying with Policies CS64 and CS67.

At least one dwelling should be constructed to Mobility Housing standards in accordance with UDP Policy H7. The submitted Design Statement acknowledges this requirement and minor modifications to one of the house types would secure compliance with H7. This could be conditioned.

Landscape and Natural Habitats

The Sheffield Nature Conservation Strategy and UDP identify a ‘Desired Green Link’ between Graves Park and Meadowhead. UDP Policy GE10 seeks to create new open space in areas of Desired Green Links. It is not feasible to create new

135 space in private gardens. The proposals would not form any significant barrier to wildlife given the remaining green spaces surrounding the site and the proposals do not conflict with Policy GE10.

UDP Policy GE11 seeks to protect and enhance the natural environment. The gardens, whilst being green, do not appear to have any natural features of particular value and development is unlikely to be harmful to nature conservation.

A Tree Survey and Report has been submitted in support of the application. A number of trees have already been felled or cut back. No trees of significant individual merit have been affected, although two trees adjoining the public footpath are likely to be affected as one of the dwellings and a garage impact on their root protection areas. UDP Policy BE6 requires mature trees to be integrated into development and Policy GE15 requires the retention of mature trees wherever possible. These trees should not be compromised as they add to the amenities of the public realm along the footpath. It is considered that they could be accommodated in a more sensitive layout but, at present, the scheme does not comply with Policies BE6 and GE15.

7 trees are shown for removal. These are not significant specimens and could be compensated for within the scheme in accordance with Policy GE15.

Highway Issues

There is evidence of on-street parking in Birch Farm Avenue, despite each dwelling having at least one off street parking space. Photographs submitted by a resident indicate parking in the turning head which would clearly make turning difficult at times.

Approximately 30 additional vehicle movements over a 24 hour period can be anticipated as a result of the development. This is not considered to represent a highway safety or capacity issue.

The parking provision of 2 spaces per dwelling accords with the Council’s current Car Parking Guidelines. One visitor space is proposed and the manoeuvres of a refuse vehicle can be accommodated in the layout. The proposed garage to No32 will maintain one space for that property, although it will be more remote from the dwelling than the existing single space which will be removed to create access to the new dwellings. Any attempt to park in front of the new garage to No32 will obstruct the private driveway.

The gradient of the driveway is indicated at no more than 1:12. This suggests that some raising of ground levels may be necessary. Details have been requested.

Overall, the access is considered satisfactory, if less than ideal, and the proposals comply with UDP Policies H14 and BE9.

Residential Amenity

136 There is adequate separation between existing and proposed properties. There will be views over the lower portion of the rear garden of No28 Birch Farm Avenue from one bedroom window but there is a 10m separation to the boundary with that property. Blank gables face the boundaries of dwellings in Meadowhead.

The principle elevations of two of the dwellings directly face each other with a separation of only 14.5 metres. This will result in unacceptable direct overlooking between the dining and master bedroom windows and is an indication that the layout is inadequate. The applicant has suggested that these windows could be obscure glazed but this would seriously compromise outlook from the dwellings and is not an acceptable solution. Adopted Supplementary Planning Guidance relevant to house extensions suggests that a minimum separation of 21 metres should be maintained between habitable room windows. Furthermore, ground floor study windows will face the side elevation of the double garage inbetween the two dwellings at a distance less than 5m and secondary windows to the dining room will almost abut the shared driveway.

In view of the above, living conditions for occupiers of the two 1½ storey dwellings will be inadequate and the proposals are therefore contrary to UDP Policies H14(c) and H15(b).

Although there is a serious loss of garden space from all 3 existing dwellings, the remaining garden space is sufficient to serve the dwellings. Adequate garden space is provided to serve the proposed dwellings although two of the gardens barely achieve the minimum 10m length normally expected.

Vehicles accessing the site will pass within very close proximity to the front and side elevations of Nos30 and 32. An additional 30 vehicle movements per day in such close proximity to the dwellings will result in significant harm to occupiers of those properties as a result of noise and disturbance. Such noise and disturbance will continue alongside the entire length of their private rear garden areas where there is currently no activity. Such a situation is considered contrary to UDP Policy H14.

SUMMARY AND RECOMMENDATION

The site lies within a Housing Area and the development is acceptable in principle.

The design of the development fails to respond to the strong grain of development in the surrounding area and it will also result in noise and disturbance to occupiers of Nos 30 and 32 Birch Farm Avenue due to vehicular activity associated with a proposed new access drive to serve the development. Two of the dwellings will not provide adequate outlook or privacy for future occupiers due to their close proximity to one another. Two trees adjacent the public footpath to the south of the site appear likely to be compromised due to encroachment into the root protection areas and/or developing beneath the tree canopy.

Overall, the development is contrary to UDP and Core Strategy policies designed to protect the character of neighbourhoods and the amenities of residents. It is therefore recommended that planning permission is refused.

137

Case Number 09/00359/LBC

Application Type Listed Building Consent Application

Proposal Refurbishment, alterations and partial demolition of school building (As amended by drawings HS-V2-GF-A-BDP-DR- 020002 Rev D: HS-V2-GF-A-BDP-DR-020008 Rev B; HS-V2-ZZ-A-BDP-DR-030002 Rev C; HS-V2-ZZ-A-BDP-DR-040007 Rev A; HS-V0-00-L- BDP-DR-900001 Rev C; HS-V3-GF-A-BDP-DR-020003 Rev D; HS-V3-ZZ-A- BDP-DR-030003 Rev B; HS-V3-ZZ-A-BDP-DR-210001Rev B; received by the Local Planning Authority 24th April 2009)

Location High Storrs School High Storrs Road Sheffield S11 7LH

Date Received 06/02/2009

Team SOUTH

Applicant/Agent Building Design Partnership

Recommendation Grant Conditionally

Subject to:

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

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

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

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

138 3 Repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

4 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

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

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

6 All internal and external doors, other than those indicated for disposal in the approved plans, shall be retained unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the character of the original building.

7 Before the development commences, details, specifications and finishes of all new internal and external doors, including door and ironmongery schedule, frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:20 scale shall have been approved in writing by the Local planning Authority. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

139 10 Before the development commences, details and locations of all new decorative works shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

12 Before the development commences, details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

13 Before the development commences, details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the provision of natural and artificial lighting shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

14 Unless otherwise agreed in writing by the Local Planning Authority, all radiators in Exemplar Areas shall be cast iron and will be exact replicas of the existing radiators.

In order to ensure an appropriate quality of development.

15 A sample existing radiator will be retained on site, until building work is complete.

In order that the authenticity of the replica radiators can be correctly assessed.

Attention is drawn to the following justifications:

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

140

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

This informative is intended as a summary of the reasons for grant of planning permission.

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

High Storrs School consists of a series of buildings constructed throughout the last 75 years within a substantial curtilage of approximately 11.3 hectares. The main school building is a Grade II Listed Building and was constructed in 1933 in Stripped Classical style faced in brick with concrete dressings and featuring a pantile roof.

141

The original building is two storeys in height and constructed on a double courtyard plan with assembly hall between. Set at right angles at either end of the main body of the building are two single storey gymnasiums.

The boundary walls, railings and gates on the High Storrs Road frontage and the first 50 metres along Road are also Listed.

Other buildings that cluster/ed around the original school were added, in the main, in the early 1960’s. These buildings were designed with little or no sympathy for the 1933 building. They featured elevations of brick largely unbroken by fenestration or full elevations in glazing neither of which mirror the rhythmic pattern of fenestration in the 1933 building. The junctions between these extensions and the original school were/are also clumsy and utilitarian with no architectural respect for the Listed building.

This is a sister application to the full application for the substantial new build elements of the school detailed in application 09/00358/FUL but deals with the demolition of a small link building on the south elevation, the interfaces between the new build elements and the Listed building itself, and the refurbishment and restoration of the Listed Building itself.

The proposal breaks down into these 3 key areas which can be described as follows:

The proposed changing room new build is intended to occupy a space bounded by the south elevation of the Listed Building, the east elevation of the original gymnasium wing to the south and the north elevation of the proposed gymnasium. This would necessitate the demolition of a small single storey building which linked the original school to the southern gymnasium that was constructed after the completion of the main school. The new changing room would therefore interface with two walls of the Listed building.

The proposed new North Wing will interface in two places with the Listed Building. At ground floor the west end of the building would be linked at ground floor by a short glass corridor. The east end of the building would be linked at first floor by an enclosed bridge link.

The restoration/refurbishment of the internal spaces of the Listed Building would involve a hierarchical approach whereby certain exemplar spaces would be created in the east wing concentrating the majority of original fixtures and fittings into these areas.

Key exemplar areas would include:

The Entrance Hall The Assembly Hall The Original Dining Spaces The Domestic Science Room The Boys (South) Library

142

Works in these areas will include the removal of unsightly cabling, installation of sympathetic new lighting, sympathetic new interior decoration and the restoration of architectural features.

The west wing of the ground floor would exhibit the balance of original doors both solid and those with an absence of margin glazing and these would be supplemented by replica doors.

The Entrance area, Assembly Hall and Dining space doors are to be refurbished in situ.

Original ironmongery will be retained, but will not incorporate working mechanisms. This ironmongery is to be re-fixed to original doors

The heating system throughout the school is to be replaced, in the main with flat panel radiators but in the exemplar spaces by cast iron replicas. This is considered a necessity since adequate guarantees cannot be provided of acceptable longevity for reconditioned radiators.

It is proposed to install IT and its associated trunking into the original classroom units.

The external windows are to be removed from site, de-glazed, stripped, re-coated and re-glazed, prior to re-installation.

Repairs and restoration to the external fabric of the building including the reconstituted stone, brick and replacement of rainwater goods is intended.

RELEVANT PLANNING HISTORY

There is an extensive planning history on the site but it is not considered that there are any previous applications of significance to this determination.

REPRESENTATIONS

There has been one representation regarding this application seeking reassurance that no trees will be felled to facilitate the development. This is not strictly relevant to the Listed Building application but rather is a matter for the sister application. This concern is therefore addressed in that report.

Conservation Advisory Groups initial minutes which informed ongoing negotiation between Officers and the Applicant were as follows: The Group, whilst accepting in principle, the general approach to the development, expressed concerns with regard to the obvious lack of funding available for the works, indicating that it would result in the loss of a number of original features. The Group appreciated that there were financial constraints, but it considered that every possible effort should be made to ensure that the refurbishment works were sympathetic, in view of the significance of the School generally and, particularly, in terms of the school buildings within the City.

143

The Group also expressed doubts with regard to the planned reproduction of some of the radiators, suggesting that efforts be made to retain as many of the original radiators as possible, even if they were not to be operational and to use the new, pressed radiators to heat the building. The Group accepted, in principle, the proposals for the replacement of some of the old doors in the building, subject to the design of the replacement doors being to the satisfaction of the Head of Planning. The Group also endorsed, in principle, the approach taken with regard to retaining the majority of the original features in the East wing of the school and recommended the use of reproduction glass on the East elevation.

CAG subsequently amended their minutes following discussion at the following meeting to the following:

The Group, whilst accepting the principle of the approach in general, expressed concerns with regard to the obvious lack of funding available for the works, indicating that it would result in the loss of a number of original features.

Whilst the Group sympathised with the officers, being forced to work under financial constraints, it considered that every effort possible should be made to ensure that the refurbishment works were sympathetic on the basis that it was one of a few significant buildings in the City.

The Group also expressed doubts with regard to the planned reproduction of some of the radiators, suggesting that efforts be made to retain as many of the original radiators as possible, even if they were not to be operational, and to use as few pressed radiators as possible.

Whilst the Group accepted the plans for the replacement of some of the old doors in the building, this was only on the condition that the design of the replacement doors was satisfactory. The Group accepted the approach taken with regard to focusing the retention of the majority of the original features in the East wing of the school and recommended the use of reproduction glass on the East elevation.

The Group raised no objections to the principle of the proposed new build development, but felt that the proposed design and materials did not enhance the appearance of the listed school building. It was also felt that the proposed development would adversely affect the views of residents living nearby on the basis that there were no other buildings of a similar design within the neighbourhood. Concerns were also expressed with regard to the proximity of the trees to the proposed building.

PLANNING ASSESSMENT

Policy Issues

Policy BE15 ‘Areas and Buildings of Special Architectural or Historic Interest’ states:

144 Buildings and areas of special architectural or historic interest which are an important part of Sheffield's heritage will be preserved or enhanced. Development which would harm the character or appearance of Listed Buildings, Conservation Areas or Areas of Special Character will not be permitted.

BE19 ‘Development Affecting Listed Buildings’ states Proposals for internal or external alterations that would affect the special interest of a Listed Building will be expected to preserve the character and appearance of the building and, where appropriate, to preserve or repair original details and features of interest.

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.

PPG15 ‘Planning and the Historic environment’ states:

There should be a general presumption in favour of the preservation of listed buildings, except where a convincing case can be made out…for alteration or demolition. While the listing of a building should not be seen as a bar to all future change, the starting point for the exercise of listed building control is the statutory requirement on local planning authorities to 'have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses'

English Heritage document ‘The Future of Historic School Buildings’ states:

Government’s view is that “the best way of securing the upkeep of historic buildings and areas is to keep them in active use” and that “The fact that a building is listed does not prevent necessary change or the introduction of new facilities. Listing simply means that the architectural and historic interest of a building is taken into account when alterations are proposed”.

Assessment

External works

New build changing rooms

The building proposed for demolition is not considered to be of significant architectural value and its loss would facilitate the relocation of the Sports Hall and associated changing rooms in such a way that significant views of the south elevation of the original school previously compromised by other structures would be re-established. Both the link structure proposed for demolition and its mirror to the north appear of the same design and construction as the Listed building but they feature flat roofs and very limited fenestration which is not consistent with the original design. As such it is felt that they are not consistent with the original building and the loss is not significant.

145 It is not considered that the new interface between the new changing rooms and the Listed Building will have an adverse affect on the latter since the walls at interface are currently connected to the building for demolition and do not have architectural merit in their own right.

Links to North Wing

The ground floor link to the west is considered to represent a ‘light touch’ to the Listed Building and is considered acceptable.

The bridge link is a highly visible element and will appear as a significant feature in vistas on approach to the school from the north west.

It was hoped that this element would form a striking architectural feature and would appear to exhibit another ‘light touch’ to the Listed Building. It is considered that the steel and curtain wall structure has not been entirely successful in this aim. This is in part due to the functional requirements of the bridge but is also a response to elements of the proposed North Wing which is, by design, subservient in tone to the Listed Building. It is clear that a more architecturally striking link would run the risk of looking incongruous alongside the more subdued ‘tones’ of the projected North Wing.

Repair of Reconstituted Stone

The works to restore areas of spalling to the reconstituted stone features of the building is generally welcomed but Appendix VI of the Listed Building Statement indicates that the reconstituted stone should be coated in an opaque protective surface following its repair. The reconstituted stone is in two forms; a rougher more open grained form and a smoother, tight grained, ashlar form. The application of such a surface could have an unfortunate effect upon character and external appearance of the listed building.

However, providing that adequate controls are exercised in the application of the protective coating it is considered that the overall strategy for the external works acceptable in general terms.

Hierarchy of conservation within the Listed Building

This approach to the refurbishment was accepted in principle from an early stage since it was clear that both the budget constraints and the requirement to deliver a curriculum suitable for the C21st would not support a full and meticulous restoration of all original features.

The creation of the exemplar spaces is to be welcomed and several of these will provide notable ‘show pieces’ within the school.

In particular the restoration of the Main Hall should see the recovery of a large and imposing communal space and see it returned to its original function, this being particularly pertinent in a school that specialises in the performing arts.

146 The Entrance Hall should also provide a fitting first impression of the Listed Building upon entering and restoration of the original Dining Halls, the Domestic Science Room and the South Library will maintain glimpses of the original fabric and insight into the operation of the school as originally conceived.

The proposal to re-orientate the class rooms by siting the interactive white board on the opposite wall to the storage wall is welcomed. The intention to install suspended ceilings in order to address acoustic problems has now been omitted in favour of other less intrusive measures and this is once again welcomed.

The restoration, retention and continuing use of the South Gymnasium is welcomed.

The refurbishment of the roof lights in the original kitchens is also welcomed.

In other areas however, there have been impediments to the retention of original spaces and their fixtures and fittings. Perhaps most notably the demands of the modern curriculum negated the possibility of retaining a full or part laboratory.

Additionally, the Laboratories are to be reconfigured/re-orientated, such that the new interactive white boards and teachers desk are to be located against the glazed corridor wall, thus obscuring a significant area of the glazing. This will have an unfortunate effect upon the character and appearance of the Laboratories, and on the corridor outside. It is understood that this is a response to the difficulties of teaching ‘end on’ in the laboratory spaces whereby pupils can be sat relatively remotely from the teacher, a problem that is exacerbated at High Storrs by the marginal acoustics in the classrooms generally.

With regard to internal doors the Listed Building Statement specifically states that "Architecturally, there would be considerable merit in repairing those original doors, which are fit for repair, to match the original design, and providing accurate replica doors where the originals are beyond repair or no longer survive". Financial constraints have precluded this approach but it is felt that he concentration of the best features into the exemplar spaces and thence to other areas of the ground floor represents the best strategy short of total restoration.

With regard to external windows it is considered that whilst the retention and re-use of the frames is welcome, the loss of the historic original glass is unfortunate. However, it is understood that this loss is likely because of the difficulties in removing original glass from the frames before refurbishment, particularly in the light of the excessive build ups of paint and detritus around the frames over the years.

The intention to use replica historic glass on the east elevation only and to use modern float glass on the other elevations is also a compromise imposed by financial constraints on the scheme but should at least ensure that the quality of long views of the school across the playing fields where vistas are more open are maintained. Views of the other elevations are relatively speaking more fleeting and screened by stronger boundary treatments.

147 The intention to site IT within the original classroom storage cabinets is a cause for concern since it is likely to exacerbate the damaging impact of the previously unauthorised installation of trunking within the classrooms. The trunking run and the outlets are felt to be not entirely sensitive in their application.

The sub-division of the Head Teachers Office which is a virtually intact room and close to the main school entrance and other exemplar spaces is considered unfortunate. Finally it is felt that the sub-division of the North Gymnasium could have been mitigated by installing a sliding folding partition, to maintain the integrity of the space, and increase its flexibility. Once again it was indicated that the school curriculum delivery would be compromised by these measures.

Nonetheless, despite some shortcomings of the scheme, it is considered that on balance, and subject to conditions that the proposals satisfy policies BE15, BE19 of the Sheffield Unitary Development Plan and PPG15.

SUMMARY AND RECOMMENDATION

There can be little doubt that a number of compromises have had to be made in order to deliver the proposed new build and refurbishment of High Storrs School, which could be regarded, in some respects, as a missed opportunity to significantly enhance the special architectural and historic interest of the building.

In some instances the loss of original classroom integrity and fixtures and fittings is unfortunate.

However, the building has been retained in educational use, and will undergo a significant amount of refurbishment, which will ensure the preservation of the Listed Building for a significant period into the future. As such this follows best practice as set out in PPG 15, and English Heritage's "The Future of Historic Schools".

Additionally, the removal of a number of poorly designed extensions which have been demolished and will be replaced by more sympathetically designed new buildings, and the removal of ad hoc car parking on the playing fields will improve the setting of the Listed Building.

Furthermore, the restoration of five Exemplar Areas will reflect the original and historic character of the school, and areas such as the Main Entrance and Assembly Hall will be show piece spaces for the school. Finally, the historic fabric and the essential character of the building will remain largely intact, because only minimal demolition internally will be required.

In conclusion it is felt that, on balance the proposal is satisfactory with regard to Policies BE15 and BE19 and it is therefore recommended that Listed Building Consent be granted.

148

Case Number 09/00358/FUL

Application Type A Full Planning Application

Proposal Alterations and extensions to school including two- storey side extension, erection of sports hall, associated landscaping works and additional parking accommodation (amended plans received 24th April 2009)

Location High Storrs School High Storrs Road Sheffield S11 7LH

Date Received 06/02/2009

Team SOUTH

Applicant/Agent Building Design Partnership

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

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

Windows Window reveals Doors Eaves and verges External wall construction Brickwork detailing

149 Architectural masonry detailing Bridge link sectional details Entrance canopies

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

In order to ensure an appropriate quality of development.

4 Before the new sports hall and outdoor sports facilities are brought into use, a Community Use Agreement shall be submitted to and approved in writing by the Local Planning Authority. The approved agreement shall be implemented on the occupation of the new school building unless otherwise agreed in writing by the Local Planning Authority

To ensure satisfactory community access to sport and recreation facilities in the interest of the amenities of the locality.

5 No trees, shrubs or hedges existing within the site of the development, other than those indicated for removal, shall be destroyed or otherwise removed and no tree shall be lopped or topped, without the prior written agreement of the Local Planning Authority.

In the interests of the visual amenities of the locality and to protect the green belt landscape.

6 Before any work on site is commenced full details of the measures to be taken to protect the existing trees within and/or adjoining the site of the development during the construction works shall be submitted to and approved in writing by the Local Planning Authority. These measures shall include means of preventing the ground beneath the canopy of such trees and/or hedges from being disturbed or used for storing materials of any kind.

In the interests of the visual amenities of the locality and to protect the green belt landscape.

7 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.

8 Before work on site is commenced, full details of suitable access and facilities for people with disabilities, both to and within the building and also within the curtilage of the site, shall have been submitted to and approved in

150 writing by the Local Planning Authority and the building shall not be used unless such access and facilities have been provided in accordance with the approved plans. Thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

These shall include details of:

I. Revision of accessible car parking spaces. II. Revision of disabled drop off area to the changing rooms. III. Specification of segregated area for pedestrians crossing main drop off area to the North Wing IV. The ramped access to be provided at the main entrance and quadrangles of the listed building. V. provision for disabled people to be made at stepped entrances where ramps are not to be provided will also need to be agreed. VI. Inclusive seating to outside areas

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

9 Surface water and foul drainage shall drain to separate systems. To ensure satisfactory drainage arrangements.

10 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.

11 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 ensure satisfactory drainage arrangements.

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

In order to mitigate against the risk of flooding.

13 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

151 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.

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 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 new school development shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

16 The new school development shall not be used unless the car parking accommodation for 103 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.

17 Before work on site is commenced, details of a scheme of working during construction of the development, including hours of working, location of buildings and storage compounds and parking of vehicles shall have been submitted to and approved in writing by the Local Planning Authority.

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

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

a) been carried out; or

b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure

152 that such improvement works will be carried out before the new school buildings are brought into use.

Highway Improvements:

High Storrs Road: Provision of a plateau at the school entrance and review of the existing bus stop.

Ringinglow Road: Provision of controlled pedestrian crossing including associated traffic management measures and review of existing bus stops.

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

19 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.

20 Full details of all external lighting shall have been submitted to and approved in writing by the Local Planning Authority prior to installation and thereafter the lighting shall be installed in accordance with the approved details and shall not be altered without further permission.

In the interests of the amenities of the locality.

21 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.

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

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

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

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

153

24 Before the development commences, details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

25 Full details of the proposed bridge will be submitted to, and approved in writing by the Local Planning Authority, prior to the commencement of the works.

In order to ensure an appropriate quality of development.

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

In the interests of the amenities of the locality.

27 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.

28 Prior to the occupation of any part of the development, a detailed Travel Plan(s), designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Detailed Travel Plan(s) shall be developed in accordance with a previously approved Framework Travel Plan for the proposed development, where that exists. The Travel Plan(s) shall include:

1. Clear and unambiguous objectives and modal split targets; 2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in

154 accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed, 3. The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the local planning authority. 4. The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

29 Development shall not commence until a Phase II Intrusive Site Investigation Report has 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.

30 Should remediation be recommended in the Phase II Intrusive Site Investigation Report, development 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, 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 protect the health and safety of future occupiers and users of the site.

31 Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy 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 site shall not be brought in to 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.

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

32 Prior to the use of the kitchen a scheme of odour control shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be based on the required information to support a planning application for a commercial kitchen as detailed in annex B and a risk assessment as detailed in annex C of the DEFRA document “Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems “, published in January 2005.The approved scheme shall be implemented prior to the use commencing and shall be retained. Any change to the scheme of odour control shall be notified to the Local Planning Authority in writing and agreed prior to installation.

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

33 Within 6 months of the date of completion of the development hereby permitted all construction cabins and other associated structures shall be removed from the site. Within 3 months of removal, or in the first planting season following removal, whichever is soonest the playing field land shall be reinstated to a playing field to a quality at least equivalent (or better) than the previous] quality and constructed and maintained in accordance with ‘Natural Turf for Sport’ Sport 2000.

In the interests of delivering the sporting curriculum

Attention is drawn to the following justifications:

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

CS65 Renewable Energy and Carbon Reduction

GE1 - Development in the Green Belt GE2 - Protection and Improvement of the Green Belt Landscape GE3 - New Building in the Green Belt GE4 - Development and the Green Belt Environment GE11 - Nature Conservation and Development GE16 - Lakes and Ponds LR4 - Open Space

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

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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 Mr B Messider on Sheffield 2734197.

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

3. 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. This is available from the Institute of Lighting Engineers, telephone 01788 576492 and Fax Number 01788 540145.

4. 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. This legislation enables a local authority to restrict days and hours of work as well as the manner in which the works are to be carried out and the type of plant to be used. 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 Sheffield City 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. Telephone Number 2734651.

157 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

High Storrs School consists of a series of buildings constructed throughout the last 75 years within a substantial curtilage of approximately 11.3 hectares. The main school building was constructed in 1933 in Stripped Classical style faced in brick with concrete dressings and featuring a pantile roof. The original school is now a Grade II Listed Building.

The original school building is two storeys in height and constructed on a double courtyard plan with assembly hall between. Set at right angles at either end of the main body of the building are two single storey gymnasiums linked to the main body of the school by single storey flat roof structures. These latter structures are not original and are poor architecturally but do form part of the listing.

158 The boundary walls, railings and gates on the High Storrs Road and the first 50 metres along Ringinglow Road are also Listed.

The entire school site lies within the Green Belt as identified in the Sheffield Unitary Development Plan.

This is an application proposing to erect a new north wing, a sports hall with changing rooms, and ancillary infrastructure.

The proposed buildings would be located largely on the footprint of buildings added to the school in the 50’s, 60’s and 70’s which have been demolished or are earmarked for, demolition.

The North Wing

The proposed North Wing will accommodate teaching facilities for the faculties of IT, Business Studies, Art and Technology and the performing arts. The teaching spaces for these disciplines will ‘radiate’ from a core area containing school kitchens, formal dining area and a learning resources centre.

The building will have a ‘T’ shaped footprint and be positioned so as to create a piazza between the original school and the new build in the image of the formers courtyard form.

The entire block, other than those areas occupied by kitchen and dining areas at ground floor would be a two storey flat roofed structure faced predominantly in red brick with fenestration accentuated by timber panels. The facing materials for the Learning Resources Centre and to the ground floor of the Dining Hall will vary in their facing with the use of a forticrete artificial stone closely matched to the concrete artificial stone of the original building.

Fenestration throughout would be set in deep reveals.

Roof plant would be concealed behind timber boarding.

The new building would be linked to the original school building in two places. At ground floor the west end of the building would be linked at ground floor by a short glass corridor. The east end of the building would be linked at first floor by an enclosed bridge link the curtain wall material of which is to be conditioned.

The Sports Hall

The Sports Hall would be accommodated in a two storey flat roofed structure located between the south elevation of the original school and Ringinglow Road. It’s footprint would be located in the main in the same position as the one and a half storey previous gymnasium.

The Hall would feature a red brick plinth supporting a storey and a half timber facing. This facing would be broken by deep vertical joints effectively breaking the surface into a series of large panels.

159

The Hall would be linked to the original school by a single storey brick-built link building containing changing rooms, toilets and plant rooms. This building would have a polygonal footprint, part of which would occupy the current location of a rectangular single storey structure linking the original school to the southernmost original gymnasium. The other part of the new build structure projects beyond this in a triangular format with the building tapering from the eastern most extent of the gymnasium to the south elevation of the Listed building.

The building is to be faced in red brick to match as closely as possible the brick of the original school. Fenestration would have a strong vertical emphasis with relatively narrow windows running the full height of the building.

External works

The new buildings and the original school would be served by a revised layout of ancillary infrastructure. Principal among the other works proposed would be the creation of the piazza between the main entrance to the North Wing and the north elevation of the original school and the provision of a main car park between the main school building and Ringinglow Road.

Other notable external works would include a further smaller car park just to the west of the Sports Hall adjacent the playing fields, a large pedestrian only access from High Storrs Road to the new North Block and a dedicated cycle park to the east of the North Wing.

RELEVANT PLANNING HISTORY

There is an extensive planning history on the site but the significant permissions are:

05/01130/RG3 Redevelopment of school involving new building to north of main building (Outline Application under Regulation 3 - 1992)

05/01166/RG3 Demolition of 1950's and 1960's extensions to school (north side of building) (Listed Building Application under Regulation 3 - 1992)

08/03066/FUL Enabling works (Erection of temporary classrooms and servicing infrastructure) as part of the redevelopment of High Storrs School (As indicated on plans received on 2nd July 2008)

08/03528/LBC Demolition of 1950s, 1960s, 1970s and 1990s buildings to north of site and temporary remedial works to school building.

SUMMARY OF REPRESENTATIONS

Pre-application submission

160 The Building School for the Future Team engaged in a pre-application public consultation exercise which resulted in 10 written responses:

Summary of points raised:

Vehicular access should be from Ringinglow Road and set back into the site to make entering and exiting easier. Proposal will be a real improvement and can’t wait The proposed Sports Hall blocks private views and would be a target for graffiti. The proposed Sports Hall blocks views of the Listed building The conservation proposals look good and the entrance piazza is a good idea. Sports Hall will dominate Ringinglow Road. Sports Hall could result in loss of light to residential property opposite. Sports Hall should be relocated to current location of tennis courts to the north. Proposal would result in an increase in traffic late at night The gym will be great and the school will look a lot better. Layout looks complicated but students will soon get used to it. The Hearing Impaired Unit should be relocated to a quieter position within the new building away from potential noise sources. The first floor link between the old and new looks as though it could become very crowded. The design of the North wing is a bit tame. An excellent design. Proposal would result in a reduction in property values.

Application submission Original scheme

There have been 5 representations regarding the application in response to the Councils statutory consultation process.

The Sports Hall design is unsympathetic to the appearance and setting of the Listed building The Sports Hall will obscure the south elevation of the Listed building and would be better placed on the tennis courts to the north. Concern is expressed with regard to floodlighting Concern that the proposal will result in increased traffic noise in the evenings. Concern regarding potential noise generation from plant on the proposed buildings. The Sports halls roof is inappropriate in this setting and has timber cladding that may not weather well.

Points raised that are not material planning considerations.

The Sports Hall will affect private views The Sports Hall will have a negative impact on the value of nearby residential properties

As a result of negotiated changes to the layout of the Sports hall, changing rooms and on site car parking a re-consultation with residents was undertaken

Post application submission Amended scheme

161

There have been three representations received regarding the revised plans and these can be summarised as follows:

There should be no reduction in car parking provision and the spaces on site should be increased to approximately 170.

The High Storrs Road access should not be used for vehicular traffic. The Sports Hall should not have been brought forward of the building line of the original school

Loss of privacy

Potential light pollution from floodlit structures

Suggest additional landscaping is put in place

Concern with regard to evening use and consequent disturbance.

PLANNING ASSESSMENT

Relevant Policy

The entire school site is located within the Green Belt as allocated in the Unitary Development Plan (UDP). Residential properties on both High Storrs Road and Ringinglow Road are designated as Housing Areas. UDP policies GE1, GE2, GE3, GE4, GE15, CF1, BE5, BE15 and BE19 are all relevant.

GE1 Development in The Green Belt states: In the Green Belt, development will not be permitted, except in very special circumstances, where it would: a. lead to unrestricted growth of the built-up area; or b. lead to encroachment of urban development into the countryside

GE2 Protection and Improvement of The Green Belt Landscape states: In the Green Belt, measures will be taken to: a. maintain and enhance those areas with a generally high landscape value; and b. improve poor landscapes in priority areas.

GE3 New Building in The Green Belt states: In the Green Belt, the construction of new buildings will not be permitted, except in very special circumstances, for purposes other than …uses which would comply with Policy GE1.

Essential facilities are considered those that are genuinely required for such uses of land, and which preserve the openness of the Green Belt and do not conflict with the purposes of including land in it.

GE4 Development and The Green Belt Environment states:

162 The scale and character of any development which is permitted in the Green Belt, or would be conspicuous from it, should be in keeping with the area and, wherever possible, conserve and enhance the landscape and natural environment.

CF1 Provision of Community Facilities states: The provision of community facilities which are readily available to all Sheffield people will be promoted, particularly where they would: b. be easily accessible by public transport; and c. be located within the community they are intended to serve

BE5 ‘Building Design and Siting’ states Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions. The following principles will apply: Physical Design a. original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings. b. in new developments comprising more than one building there should be a comprehensive and co-ordinated approach to the overall design; c. all extensions should respect the scale, form, detail and materials of the original building; d. in all new developments, design should be on a human scale wherever possible, and, particularly in large-scale developments, the materials should be varied and the overall mass of buildings broken down; f. designs should take full advantage of the site's natural and built features; g. the design, orientation and layout of developments should encourage the conservation of energy and other natural resources. User Requirements h. the design of buildings, landscaping and lighting should promote all aspects of personal safety and security, particularly at night time. i. designs should meet the needs of users, particularly people with disabilities, elderly people, people with children, and women; j. designs which reflect the varied ethnic and cultural traditions of the City's residents will be acceptable provided they do not conflict with the design principles set out in this Plan; Refurbishment l. the refurbishment of good existing buildings will normally be encouraged, particularly where their loss would lower the quality of the street scene. BE15 ‘Areas and Buildings of Special Architectural or Historic Interest’ states: Buildings and areas of special architectural or historic interest which are an important part of Sheffield's heritage will be preserved or enhanced. Development which would harm the character or appearance of Listed Buildings, Conservation Areas or Areas of Special Character will not be permitted.

BE19 Development Affecting Listed Buildings states:

Proposals for internal or external alterations which would affect the special interest of a Listed Building will be expected to preserve the character and appearance of the building and, where appropriate, to preserve or repair original details and features of interest.

163

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.

Core Strategy policy CS64: Climate Change, Resources and Sustainable Design of Developments. states

All new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. All developments will be required to: a. achieve a high standard of energy efficiency; and b. make the best use of solar energy, passive heating and cooling, natural light, and natural ventilation; and c. minimise the impact on existing renewable energy installations, and produce renewable energy to compensate for any loss in generation from existing installations as a result of the development. All new buildings and conversions of existing buildings must be designed to use resources sustainably. This includes, but is not limited to: d. minimising water consumption and maximising water re-cycling; e. re-using existing buildings and vacant floors wherever possible; f. designing buildings flexibly from the outset to allow a wide variety of possible future uses; g. using sustainable materials wherever possible and making the most sustainable use of other materials; h. minimising waste and promoting recycling, during both construction and occupation.

Core Strategy policy CS65: Renewable Energy and Carbon Reduction requires developments of more than 500sqm gross internal floorspace to provide 10% of their predicted energy needs from decentralised and renewable or low carbon energy, and to reduce the development’s overall predicted carbon dioxide emissions by 20%, which can include the renewable or low carbon energy

Assessment

Unitary Development Plan (UDP) Policies GE1 (Development in the Green Belt), GE2 (Protection and Improvement of the Green Belt Landscape), GE3 (New Building in the Green Belt) and GE4 (Development and the Green Belt Environment) are relevant in considering this application. Government planning guidance in PPG2: Green Belts pre-dates the UDP. UDP Policies are formulated to reflect guidance in PPG2.

The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. There is a general presumption against ‘inappropriate’ development within green belts. ‘Inappropriate’ development is defined in PPG2 as development for purposes other than agriculture and forestry, essential facilities for outdoor sport and recreation, cemeteries, minor extensions or replacement of

164 existing dwellings, limited infilling in existing villages and limited infilling or redevelopment of major existing developed sites identified in adopted local plans. The proposed extension does not fall into any of the above categories. The proposed development is therefore ‘inappropriate’ in accordance with PPG2. The proposal is also contrary to UDP Policies GE1 and GE3 which do not generally permit inappropriate development in the Green Belt though it would be difficult to argue that the proposal was contrary to the aim of Policy GE4 which seeks to ensure that development is in keeping with the area. The development does however represent a Departure from the adopted development plan and has been advertised accordingly. PPG2 and UDP Policies GE1 and GE3 do concede that ‘inappropriate’ development can be permitted if ‘very special circumstances’ can be justified. Very special circumstances will not exist unless the harm by reason of inappropriateness is clearly outweighed by other considerations. The key issues to consider in determining whether ‘very special circumstances’ exist to justify the departure from the UDP are:

(a) is the development needed?; and

(b) will a new building in the proposed area of siting be significantly more harmful to the openness of the green belt than an alternative location within the application site?

Need

The proposal forms part of Central Governments objective to modernise schools to a standard commensurate with 21st century requirements for teaching and learning. It must be accepted that the High Storrs School as a whole is in poor condition and does not meet current DfES standards.

The proposed new school will be designed to accommodate 1580 pupils.

The removal of the old school is not an option because of its Listed status.

The more recent post war additions were in very poor condition and it was accepted at outline stage (05/01130/RG3) that the disposal of these buildings and their replacement with bespoke modern buildings was the only viable response to their substantial decline.

In view of the above, it can reasonably be concluded that there is need for the new school building.

Impact on the Green Belt

The new build North Wing extension would be two storeys in height and connected to the Listed Building by a first floor bridge link section. A contemporary design drawing inspiration from, and complementing the Listed Building is the intention of the submitted design.

165 The proposed new build would occupy a footprint approximately half the size of the buildings it will replace whilst providing almost the same area of usable floor space.

The new build Sports Hall and its associated changing facilities are proposed to the south of the Listed building adjacent Ringinglow Road. The Sports Hall is a large box-like structure whose form is largely dictated by its function and rises to a height of approximately two domestic storeys.

The changing rooms are a single storey flat roofed structure faced in brickwork.

The proposed location of the Sports Hall is dictated by a desire to limit any further encroachment into the Green Belt by the built environment, but also in order to tie the building in with other proposed sports facilities in the southern portion of the existing building.

A relocation of the Sports Hall to the area of the currently under used tennis courts is not viable since it would cause dislocation with other indoor facilities. It is also the schools intention to re-furbish the multi use courts with a view to expanding the sports facilities on the site.

Since the proposal would be set within the envelope of existing school development and the footprint would be largely accommodated within that of existing structures it is not felt that the proposal would represent any further urban encroachment into the Green Belt.

Views of the buildings from within the Green Belt would be restricted largely to the area immediately to the west. From this location both the North Wing and the Sports Hall would be viewed against the backdrop of the Housing Area beyond and as such it is not considered that the proposal would form an intrusive feature to the detriment of the openness and character of the Green Belt. In addition, the proposal would result in reclamation of certain areas of sports pitch to the west of the school that have been given over to temporary off street parking in turn contributing to the openness in a more prominent location.

Views from the west into the Green Belt from High Storrs Road were previously limited, being significantly compromised by both the school boundary treatment and previously by the, now demolished, latter additions to the school. Hence, it is not felt that the new proposals will have any significant effect on marginal vistas from this location.

In view of the established use of the site, the demonstrated need for a new school building, the benefits to the community, the topography of the site and the potential for a built form that has little adverse impact on the openness of the Green Belt, it is considered that the proposed development meets the very special circumstances necessary to permit a departure from Policies GE1, GE3 and GE4 of the UDP. The special circumstances are such that the departure will not set any precedent in considering future applications for development in the Green Belt against the policies stated.

Impact on the setting of the Listed building

166

The setting of the original Listed school buildings was previously compromised to a significant degree by the mish mash of brutal and utilitarian 1950’s/60’s extensions.

It is felt that the introduction of the new north wing would represent an improvement in this setting.

To the south, the disposal of similarly poor extensions should also provide some enhancement. Although the provision of a large area of the Sports Hall and car parking is not ideal in terms of providing a quality ‘front-drop’ for the original school (when viewed from Ringinglow Road) nonetheless it does provide scope for planting and reinforcement of boundary treatment.

In addition, the positioning and scale and massing of the Sports Hall mirrors to some degree the building it replaces. More significantly the reduction in other built elements to the south of the Listed building and the angled design of the changing room areas is felt to open up views of the south elevation of the original school, views that have been substantially compromised over the last 30 years. It is felt that this aspect of the scheme has been significantly improved through the negotiations that have occurred since submission of the application.

Brickwork throughout would be in a red brick matching as closely as possible that of the Listed building and this is welcomed

It is considered that this situation, combined with a reduction in the on-field ad hoc car parking will provide a significant net gain in terms of visual amenity and the setting of the Listed building from views of the principal elevation of the school from the south west on Ringinglow Road.

The proposal is considered to satisfy policies BE5, BE15 and BE19 of the Sheffield Unitary Development Plan.

Residential Amenity

Noise associated with new build facilities

There is good separation between the proposed new build school building and residential property and it is not anticipated that any noise issues would arise. However it is considered prudent to add a condition regarding any potential air conditioning units to be installed at the Sports Hall and associated changing rooms.

Noise associated with vehicular activity

It is considered that the car parking facilities are sufficiently separated and screened so as to negate any significant loss of residential amenity arising from vehicular activity associated with the typical school use and the out of school hours use of the sporting facilities. It is considered that the provision of accessible and correctly laid out car parking facilities will encourage on site use for out of hours activities.

167 Privacy

All elements of the scheme achieve significant separation distances to neighbouring dwellings (in excess of 35 metres) and as such it is not considered that here is any potential for loss of privacy

Light pollution

There are no floodlight pylons proposed as part of this application details submitted with the application indicate that external lighting levels at school boundary are well within acceptable limits.

Sustainability

Following discussions with the BSF sustainability team, it is understood that the 10% renewable/low carbon energy requirement cannot be met at present due to Government-imposed budgetary restrictions, but that there is a Government commitment to ensuring all schools are carbon neutral by 2016. Therefore it is likely that renewable/low carbon energy will be retro-fitted to schools as part of this commitment. Although a contribution to an off-site carbon reduction scheme is required in cases where renewable/low carbon energy is not feasible or viable, this will not be pursued in the case of BSF schools due to the commitment to make them carbon neutral in the future.

In addition, most schools will be able to surpass the requirement for 20% carbon emission reduction, achieving as much as 60% in new build schools. It is understood that the schools will also achieve a BREEAM Very Good rating, which satisfies policy CS64: Climate Change, Resources and Sustainable Design of Developments.

Overall, the proposed approach will make a significant contribution to reducing the carbon footprint of the BSF schools, and to creating environments where the importance of environmental sustainability can be fully understood by future generations.

Impact on the sports fields.

The application as originally submitted resulted in an objection from Sport England due to the area of car parking to the west of the Sports Hall which was considered to adversely impact on the original playing fields.

This objection has subsequently been withdrawn as a response to the amended scheme which has removed a significant portion of this parking area.

Highway Issues

High Storrs School lies in a reasonably sustainable location with good public transport linkages close by. There are bus stops very close to the school premises and a frequent bus service running along both High Storrs Road and Ringinglow Road.

168

It is appreciated that there is community concern with regard to on street parking in the locality of the school, particularly during weekends when sporting events are taking place on the playing fields.

It is also worthy to note that on site parking at the school at present is achieved in an ad hoc and haphazard manner. Very few of the spaces currently used for parking satisfy highway standards both in terms of their size and manoeuvring spaces. A significant number of spaces are achieved in a spill over car located on the playing fields close to the Ringinglow Road entrance. This car park is very poorly located resulting in a penetration onto the playing fields and into the Green Belt and impacting on key views of the Listed building from the south west.

A previous outline application from 2005 identified a potential for a maximum of 140 off street spaces. However, because of the nature of the outline application very little in the way of detail was available to demonstrate exactly how this would be achieved. Most notable amongst factors that have changed significantly since 2005 are:

- The intention to achieve almost total vehicular/pedestrian segregation which has ruled out a significant number of spaces initially shown at the northern end of the site. - The introduction of the Sports Hall, whose footprint is located within an area previously shown as parking. - The significantly greater footprint of the proposed North Wing (once again ruling out a significant number of spaces initially shown at the northern end of the site)

As such the broad brushstroke indicative plans submitted at previous outline stage cannot be taken as a truly representative 'base line' of what can now be achieved on site.

It should also be noted that during the periods of sports field activity at weekends (highlighted as peak periods for on street car parking by local residents) many of the ad hoc spaces within the school curtilage were rendered unavailable. The new parking arrangement should provide a considerable increase in available spaces to appropriate highways standards.

Car Parking:

Car parking guidelines indicate that provision for full time staff members should be in the range of 2-4 per member of staff. The guidelines do not suggest a range for part time staff but it is felt that a requirement for these can be made on a pro rata basis.

Staffing levels supplied by the school are as follows:

Full time teachers 99 Full time support staff 38

169 Part time teachers 2 @ 0.5 days per week 1 @ 1.5 days per week 5 @ 2.0 days per week 3 @ 2.5 days per week 8 @ 3.0 days per week 4 @ 3.5 days per week 9 @ 4 days per week

Full time teaching assistants 8

Part time teaching assistants 1 @ 3.0 days per week 1 @ 2.0 days per week 1 @ 1.0 day per week

Part time support staff 32 @ 0.5 days per week 2 @ 1.0 day per week 3 @ 3.0 days per week 1 @ 4.0 days per week

Job share support staff 2@ 2.5 days per week

If the part time teachers on 4 days a week are considered as essentially full-time and the 5 Faculty Administrators within the part time support staff are also included within the figures for full time staff the above equates to the following:

156 Full time staff (Genuine full time plus part time working 4 days or more per week)

Part time staff working 3.5 days per week or less have been considered as requiring the equivalent of 1 space per 6 staff.

The total equivalent full time staff number therefore equates to 189.

The parking guidelines indicate that a provision of 1 space per 2-4 full time staff should be considered as a maximum and assuming application of the mid range of the guidance, this would equate to a provision of 63 spaces. The 6th form is to have 380 students The parking guidelines indicate that a provision of 1 space per 15 students should be considered as a maximum. This equates to 25 spaces. The overall provision as suggested by parking guidelines would therefore be 88 spaces.

Evening uses

The following represents a cumulative maximum usage on the site during the evening

170 Learning Resource Centre 30 persons ICT suite 20 persons Drama performance 100 persons Performers 20 persons Total 170 persons at 1 space per 3 persons this equates to a maximum provision of 57 spaces However there is potential for the Sports Hall to be used at the same time by 26 persons and at 1 space per three persons this equates to 9 spaces Total maximum provision for evening uses therefore equates to 66 spaces It is considered highly unlikely that all of these facilities would be working at maximum capacity at the same time but the worst case scenario has been considered.

Sports pitch use 2 rugby pitches 88 persons 4 football pitches 112 persons 1 5-a-side pitch 14 persons Total 214 persons at 1 space per 3 persons this equates to a maximum provision of 71 spaces Once again there is potential for Sports Hall use at the same time requiring a further 9 spaces.

Total maximum provision for sports facility use therefore equates to 80 spaces Once more, it is considered highly unlikely that all of these pitches would be working at maximum capacity at the same time but the worst case scenario has once again been considered.

In conclusion then the maximum parking provision at any one time suggested by parking guidelines would be for 88 spaces on the basis of provision equating to 1 space per 3 full time staff members, and allowing for Sixth Form student provision.

However, the guidelines are intended to provide flexibility when considering the particular context of a site and the degree of sustainability of its location.

For example a City Centre school with excellent public transport links and a tightly drawn catchment area would be likely to achieve parking provision at the lower end of the scale whereas a school more remotely located with few public transport links and a catchment wherein teachers and pupils would be more likely to have to use a car might reasonably be expected to require a greater provision.

It is felt that High Storrs School could be accurately described as occupying the ‘the middle ground’ with regard to the sustainability of its location and therefore provision of the order of 1 space per 3 full time staff (or equivalent) would be appropriate.

However, it is also recognized that there have been and continue to be some issues relating to overspill car parking from the site onto the surrounding highway and as such the actual provision of 103 spaces in the revised plans equating to

171 approximately 1space per 2.4 full time staff. (removing the Sixth Form spaces from the equation) is justifiable.

It is felt that an increase in provision beyond this total could only be accommodated by maintaining the excessive penetration into the playing field area, which it is considered would have an adverse affect on both the Green Belt, general visual amenity and the commitment to preserve/ enhance the setting of the Listed building.

Furthermore a condition requiring a Travel Plan should inform and encourage efforts to introduce more sustainable patterns of transport amongst the school community

The use of both Ringinglow Road and High Storrs Road accesses is not considered problematic in highway safety terms and their use is therefore felt to be acceptable. The conditioning of highway works should also contribute further to highway safety.

Landscape Issues

The proposal will result in the loss of one tree just inside the Ringinglow Road entrance. The removal is required in order to facilitate an appropriate width for the access into the secondary car park to the west of the Sports Hall.

This tree does not have sufficient individual value so as to render it worthy of protection but does form part of the screening boundary treatment between the school and Ringinglow Road. Replacement planting with appropriate species will be required by condition as part of a detailed landscape scheme.

A full and detailed landscape scheme covering other areas of the site and including a replacement tree for this loss will be sought by condition.

Accessibility

The provision of new school buildings constructed to modern standards and located with newly landscaped grounds with pedestrian/vehicular segregation should result in significant improvements in terms of accessibility within the school grounds and buildings

There remain outstanding issues to be resolved with regard to accessibility , particularly within the Listed Building where these measures sometimes conflict with conservation aims, but it is felt that these can be adequately dealt with by the addition of suitable conditions to any permission.

SUMMARY AND RECOMMENDATION

The development will be a valuable and much improved facility for the school. Community use of the school facilities will be available outside school hours and the introduction of a significant amount of off street parking should ease on street parking/ congestion problems on Ringinglow Road. Conditions restricting such use

172 to ensure an acceptable balance between residential and public amenity are appropriate.

The buildings proposed for demolition are of no architectural merit and their presence is considered detrimental to the setting of the Listed building. It is felt that their removal and replacement with a bespoke building design offers the opportunity to significantly improve the setting of the Listed building whilst bringing the school site as a whole up to modern standards in terms of educational and infrastructure provision.

In terms of the Green Belt it is not considered that the proposal would result in an adverse affect on the openness and character of the Green Belt. The application demonstrates very special circumstances to justify a Departure from UDP policy and acceptance of inappropriate development within the Green Belt.

The levels of car parking provision and open space/sports provision are considered to comply with relevant UDP policies.

It is therefore recommended that the proposed development is granted planning permission subject to conditions subject to referral to the Secretary of State due to the Departure from Unitary Development Plan policy with regard to Green Belt policy.

173

Case Number 09/00164/FUL

Application Type A Full Planning Application

Proposal Use of industrial unit as Restaurant and Function Room/Conference Centre (as amended plans dated 5th May 2009)

Location 286 Attercliffe Road Sheffield S4 7WZ

Date Received 19/01/2009

Team CITY CENTRE AND EAST

Applicant/Agent MG Design Services Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 Before development commences, details shall be submitted to and approved in writing of the colour of the cladding of the building as well as further details (colour and material) of the proposed canopies. The development shall not be used unless such approved details have been implemented.

In the interests of the visual amenities of the locality.

3 The building shall only be used for the purposes hereby approved between 1700 hours and 2400 hours Mondays to Fridays and between 0900 hours and 2400 hours Saturdays, Sundays and Bank Holidays.

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

174 4 No live music or amplified sound shall be played within the building unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey, b) Be capable of restricting noise breakout from the building to the street to levels not exceeding: (i) the background noise levels by more than 3 dB(A) when measured as a 15 minute Laeq, (ii) any octave band centre frequency by more than 3 Db when measured as a 15 minute linear Leq.

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

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

5 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.

6 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 building 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.

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;

i. been carried out; or

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

175 Highway Improvements:

1. Works at the junction of Attercliffe Road and Warren Street to protect drivers making a right turn into Warren Street from Attercliffe Road.

2. To provide along with the above requirement appropriate information, signs and markings and or other necessary highway construction to direct vehicles approaching the junction of Attercliffe Road with Warren Street, into the appropriate position to avoid conflict or collision with turning traffic.

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 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.

10 The building shall not be used unless turning space for vehicles has been provided within the site, in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such turning facilities shall be retained.

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

11 Prior to the commencement of the use of the premises as a function room/restaurant as hereby approved, further details of flood emergency response measures and a flood alert and evacuation procedure shall be submitted to and approved in writing by the Local Planning Authority. The use shall then be implemented in accordance with the approved measures and procedures in perpetuity unless otherwise approved in writing by the Local Planning Authority.

176 To reduce the impact of flooding on future occupants in accordance with PPS25 and Policy CS67 of the Sheffield Core Strategy.

Attention is drawn to the following justifications:

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

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas IB12 - Training Centres & Community Facilities in Industry & Business Areas

This informative is intended as a summary of the reasons for grant of planning permission.

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.

2. 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

177 S1 2SH

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

3. As the proposed development abuts the public highway you are advised to contact the Highways Co-ordination Group on Sheffield 2736677, prior to commencing works. The Co-ordinator will be able to advise you of any pre- commencement condition surveys, permits, permissions or licences you may require in order to carry out your works.

4. 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.

5. Additional guidance on Flood Proofing and Flooding issues can be found in the Environment Agency Flood Line Publication ‘Damage Limitation’. For a copy please ring 0845 988 1188 or visit the website www.environment- agency.gov.uk

178 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The application site comprises a collection of single storey industrial units formerly used as a furniture trade warehouse, situated to the south of Attercliffe Road. The main buildings are set back approximately 15 metres from the back edge of pavement on Attercliffe Road with a hard surfaced area in front. To the road, the site comprises a gated entrance with a brick pier and railing boundary treatment. To the south of the site, within the application site boundary is an undeveloped area that is accessed from Warren Street.

The site is located within a predominantly industrial area but also includes a range of other uses, including a Sikh Temple and community centre that is currently under construction to the south-east of the application site at the southern end of Warren Street.

179

This is a full planning application seeking to change the use of the present vacant industrial buildings to a function room and restaurant, predominantly to accommodate large wedding functions for the Asian community and particularly for the Asian communities of Attercliffe, Brightside and . In terms of defining the planning use, a function room is determined to fall within Use Class D1 (non-residential institution) of the Town and Country Planning Use Classes Order with a restaurant considered to fall within Use Class A3 (restaurants and cafes). However, in this case, the integrated nature of the proposal as a function room and restaurant to accommodate large family functions, is considered to comprise two primary uses that operate together within the building without evident physical separation and on this basis, the proposal is defined as a sui-generic use, which effectively means that it falls outside a specified class and planning permission would therefore be required for a change to any other use in the future.

The applicant has advised that the restaurant can accommodate up to 126 seats and the function room up to 500 people. The application proposes that the hours of operation of the restaurant and function room will be 17.00 hours to 24.00 hours during the week and 0900 to 2400 on Saturdays, Sundays and Bank Holidays.

The application also seeks to demolish the forward section of the building on the eastern boundary of the site fronting up to Attercliffe Road and this area will be used for car parking. A larger area of car parking is proposed on land to the rear of the buildings, accessed via Warren Street. Minor alterations to the external appearance of the building are also proposed, including the introduction of two new pedestrian entrances for the function rooms and restaurant to the Attercliffe Road elevation with extended canopies above, which will be supported by piers. A new access is also proposed from the rear of the buildings to the car park area. Internally, a section of the building will be fitted out for restaurant use, kitchen and reception areas.

RELEVANT PLANNING HISTORY

08/05390/FUL: Use of warehouse as tyre fitting centre. Approved 23.12.08

SUMMARY OF REPRESENTATIONS

None received

PLANNING ASSESSMENT

Policy Issues

The application site is designated in the Sheffield Unitary Development Plan (UDP) as falling within a General Industry Area. In these areas, preferred uses are general industry and warehousing although community facilities and non- residential institutions are also considered acceptable (Policy IB5). Policy IB9 of the UDP states that changes of use will be permitted provided that it would not lead to a concentration of uses that would prejudice the dominance of industry and

180 business and cause the loss of important industrial sites. Additionally, Policy IB12 states that community facilities will be encouraged where they meet the needs of ethnic minorities are easily accessible by public transport and safe to walk to and from.

In support of the proposal, the applicant has supplied evidence that since 2005 only short term lets have occupied the premises and there have been no other firm enquiries about re-using these buildings apart from the applicant’s interest. The proposal will also provide 12 new full-time and 24 part-time jobs.

As noted above, although a sui-generic use, the application proposal is broadly representative of a community facility, which is considered acceptable in industrial areas assuming there is no detriment to existing industrial uses, which should remain dominant. In this case, the area will remain primarily industrial in character and it is therefore considered that the application complies with both Policy IB5 and IB9 of the UDP. It is also in accordance with Policy IB12 of the UDP, which encourages appropriate community facilities in Industry and Business Areas where it would meet the needs of young people, women, unemployed people, the elderly or ethnic minorities and where it is easily accessible. In this case, the applicant has advised that the Asian community tend to have large weddings and the nearest venues are in Bradford, Manchester and Leicester. The applicant contends that this will encourage the community to use a local facility with the associated local benefits. On this basis, the proposal is also considered to comply with Policy IB12 and is therefore acceptable in terms of current local planning policy.

It is relevant to note that the original application included reference to the use of the premises as a conference centre. However, a conference centre is specifically defined in Planning Policy Statement 6: Positive Planning for Town Centre as a town centre use that is more appropriately located within a town centre. Furthermore, in accordance with PPS6, the application would have required a detailed justification of the conference centre element in terms of need, appropriateness of the scale, application of a sequential approach to site selection, assessment of impact and accessibility. The application was not supported by a PPS6 assessment and the applicant has subsequently agreed to remove the reference to a conference centre and is only seeking permission for use of the premises as a restaurant and function room facility.

Design issues

Policy BE5 of the UDP seeks to achieve good design and the use of good quality materials with a respect for the scale, form and architectural character of the area. In this case, it is considered that the appearance of the buildings, as viewed from Attercliffe Road, will benefit from the removal of the forward projecting section of the group of buildings to create a single straight frontage set back from the highway. A new wall, to match the existing boundary treatment, will be erected where the building on the frontage has been demolished. The only other changes proposed to the elevations of the existing buildings are the new entrances to the restaurant and function rooms and accompanying canopies on the Attercliffe Road elevation. The canopy comprises a flat roof that projects 3.8 metres from the

181 building supported by columns. Existing entrance doors to the building will be replaced with matching panelling. A further entrance, also with a canopy, will be added to the rear of the building to provide pedestrian access to and from the main car park. Such details are not considered to adversely affect the street scene and are therefore considered acceptable in accordance with Policy BE5.

Signage may be the subject of a separate advert consent application depending on size and any illumination proposed.

Access Issues

All entrances will be provided with ramps, landings and handrails to facilitate wheelchair access. Five disabled car parking spaces will be located adjacent to the rear car park access with a further space at the front of the building. Disabled toilet facilities are also located in the building.

Flood Risk Issues

The site falls within a Flood Risk Zone 2 and partially within Zone 3. A Flood Risk assessment has been submitted and the Environment Agency was subsequently consulted. The Environment Agency has raised no objections to the change of use of the existing buildings subject to safe access and egress and flooding consideration being taken into account in the design and construction of the development. This includes flood proofing measures such as barriers on ground floor doors and windows and access points and electrical services above possible flood levels. The applicant will be advised to contact the Local Authorities Emergency Planners and the Environment Agency and further details will be required as a condition of this approval. Amenity Issues

The site is located away from residential areas; thus, in principle, the late evening and weekend use will not result in a loss of amenity for local residents. The hours of operation of the proposed development, between 1700 hours to 2400 hours during the week and between 0900 and 2400 on Saturdays, Sundays and Bank Holidays are outside normal business times and thus, they should not conflict with the operation of surrounding businesses. Details of the fume extraction system will also be conditioned to prevent adverse smells arising from the building. It is also considered that it would be beneficial, in the interests of local amenities, to control any noise breakout; this is taking into account the scale of the operation and the fact that background noise levels will generally be lower in the evening and weekends when the premises will be in operation. A condition to include an internal sound limiter will also be included to protect the amenities of visitors to the venue.

Highways Issues

The main highway issues arising from this proposal are the amount of traffic generated and its impact on the highway network and parking provision. A Transport Assessment has been submitted in support of the application to give details of the nature of the traffic generated.

182

This venue for weddings and functions is intended to meet the needs of the local Asian community. However, it is acknowledged that the size of the venue is likely to attract users from outside Sheffield. The Council’s Highway Officer initially raised concerns about an adverse impact on Junction 34 (south) of the M1, which is nearing capacity. However, it is considered that this proposal will not significantly increase traffic on this junction as traffic movements could be generated from various directions and may also decrease movements out of Sheffield if a suitable venue for weddings and functions, such as that proposed, is provided within the City. There is also provision for coaches to bring visitors to the site. On this basis, it has been determined that there is no need in this case to consult the Highways Agency, which manages the motorway network.

In order to ensure safe access to the premises, it is intended to secure a safe right turn movement from Attercliffe Road into Warren Street from the west and a condition is proposed to provide road markings for harbourage for vehicles taking such a manoeuvre. As submitted, the application indicates the provision of 66 car parking spaces but the size of the venue requires at least 80. This can be achieved by realigning some of the spaces in the main rear car park off Warren Street and by allowing coach parking on Warren Street itself. It is intended that such amended car parking details will be submitted prior to the Board meeting.

Subject to such highways improvements and parking provision being implemented, it is not considered that the proposal will adversely affect highways safety.

Sustainability Issues.

There will be no major changes to the fabric of the building apart from noise insulation, if required by a subsequent noise survey. Thus, it is not considered that the proposal has to meet the requirements of Policy CS64 ‘Climate Change, Resources and Sustainable Design of Developments’ of the Core Strategy. It is, however, relevant to add that the premises are accessible by means of transport other than the car as it is located on a major public transport corridor.

SUMMARY AND RECOMMENDATION

Although located within a General Industry Area in the Unitary Development Plan, it is considered that the proposed development will not result in the over dominance of non industry and business uses within the area. It will bring vacant units back into use, create new jobs and meet a need of the local community for a large venue for family gatherings. The proposed physical changes to the premises, including the demolition of part of the building and the introduction of new entrances, will not adversely affect the street scene.

The nature of the proposed uses, i.e. for weddings and functions, and the proposed hours of operation, coupled with the site being located away from residential areas, will not result in the loss of amenity for surrounding occupiers; this is also subject to relevant conditions for noise and smell attenuation. Amended car parking details will ensure adequate off street parking for the size of

183 the venue and right turning provision onto Warren Street will be secured on Attercliffe Road to ensure safe access to the site.

On this basis, the proposal is considered to comply with Policies IB5, IB9, BE5 and IB12 of the Unitary Development Plan and is therefore recommended for approval subject to conditions.

184

Case Number 09/00093/FUL

Application Type A Full Planning Application

Proposal Use as a juice bar/cafe (Use Class A3) with takeaway facility (Use Class A5), with ancilliary office at the rear of the first floor, opening between 0800 and 2000 hours (amended description)

Location 277 Fulwood Road Sheffield S10 3BD

Date Received 14/01/2009

Team SOUTH

Applicant/Agent Mr Martin Fulton

Recommendation Grant Conditionally

Subject to:

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

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

2 Notwithstanding the terms of the Town and Country Planning, Use Classes Order 2005, or any instrument revoking or amending that Order, the proposed A3/A5 use, shall at all times, be used as hereby permitted, that is, as a juice bar / café, selling hot and cold drinks, hot and cold sandwiches, wraps and light snacks , and shall at no time be used for any other purpose within class A3.

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

3 The first floor of the cafe shall not be occupied unless sound insulation measures to the first floor party walls between the shop and the adjoining flats have been implemented, 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.

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

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

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

b) Be capable of restricting noise breakout from the building to the street to levels not exceeding:

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

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

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

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

5 No externally mounted, equipment, grilles, ducts, vents or fans, for heating, cooling, fume extraction or ventilation, shall be fitted to the building unless details have first been submitted to and approved by the Local Planning Authority.

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

6 Before the use of the proposed juice bar / café is commenced, a wc suitable for use by wheelchair disabled persons, shall have been provided.

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

7 Before the use of the proposed juice bar / café is commenced, the entrance shall be widened to provide a level threshold wide enough for use by disabled persons.

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

8 Before the use of the proposed juice bar / café is commenced, a litter bin, shall have been provided on the frontage of the premises.

In the interests of the amenities of the locality.

186 9 The hours of use shall be restricted to 8am until 8pm, ( with the first floor closing at 6pm ), Mondays to Saturdays and from 10am until 5pm on Sundays and Bank Holidays.

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

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

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

11 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours.

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

12 Before development is commenced, full details of the proposed bin storage area, including screening, shall have been submitted to and approved by the Local Planning Authority. The bin storage area, including screening, shall then be provided before the use is commenced and thereafter retained.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

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

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

Core Strategy

CS34 - District Centres

This informative is intended as a summary of the reasons for grant of planning permission.

187 Site Location

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The proposal involves the use of the ground and first floors of a former health food shop, (A1), located at 277, Fulwood Road, as a juice bar, ( A3) and takeaway, (A5 ), from 8am until 8pm Mondays to Saturdays and from 10am to 5pm on Sundays and Bank Holidays. The 1st floor of the proposed premises would have sound insulation to the party walls and would close at 6pm to avoid noise disturbance to the flats above the adjoining shops. A Lyncat Lynx fume extraction hood system is proposed.

The proposed use would provide the following accommodation ;

Ground Floor - Food preparation, counter, retail area, 10 covers, disabled wc. First Floor - Ancillary office, café with 5 tables and 20 seats.

188

A screened binstore and bikestore is to be provided in the rear yard and a litter bin is to be provided on the shop frontage.

The health food store closed at the end of March as it had become unviable and the proposed juice bar / café would avert a vacant shop. Some of the health food ranges will still be available in a small display area to the rear of the ground floor in addition to the juice bar.

SUMMARY OF REPRESENTATIONS

10 letters of objection were received to the proposals on the following grounds;

The existing health food shop is really useful for elderly local people an the proposals may create an imbalance between useful A1 shops, which provide facilities for local residents and café uses, A3, which serve the student market, for 8 months of the year.

There are already 7 cafes in Broomhill and 6 food outlets in this row of 14 properties, 2 of which are cafes, with takeaway facilities. The introduction of another catering establishment, will increase litter and worsen existing car parking congestion problems on Fulwood Road.

PLANNING ASSESSMENT

Policy

A mixed A3/A5 juice bar / café / takeaway use as proposed, is an acceptable use, under policy S7 of the Unitary Development Plan ( Development in District and Local Shopping Centres ) and CS34 of the Core Strategy District Centres, ( which promotes district centres that fulfil a range of daily needs ), provided that a concentration of non A1 uses, does not undermine the vitality and viability of the district shopping centre, under policy S10, ( Conditions on Development in Shopping Areas ).

Currently 56% of the shops in the Broomhill District Shopping Centre, are in A1 use and although the centre already has a range of cafes, it is considered that there is room for the proposed A3 café / A5 takeaway use, which will involve a high proportion of A1 sales, healthy foods, cold drinks, wraps and Panini, as well as hot drinks and warm snacks.

The former health food shop closed at the end of March 2009 and since there are several other vacant units in the Broomhill District Shopping Centre, it is considered that under current economic conditions, the proposed development will enhance the vitality and viability of the shopping centre, rather than detract from it.

189 Design and Access

No external alterations are proposed except for the provision of a litter bin on the frontage and it is considered that the proposals will have little impact on the Broomhill Conservation Area.

The proposals will provide sound attenuation to the party walls of the flats above the adjoining shops and the use of the 1st floor will close at 6pm, to avoid disturbance to neighbours. A condition is recommended to ensure that there is no amplified sound breakout from the proposed use.

The foods to be provided are mostly drinks, sandwiches and light snacks, heated in a microwave or a toaster and should not generate odour problems. A condition is recommended to ensure that satisfactory fume extraction is provided.

Highways

The proposed use is located within a District Shopping Centre, which has car parking provision available for the shops. The centre is sustainably located, on a bus route and it is considered unlikely that the proposed café will make much difference to traffic volumes in the centre. Most of the customers are likely to be local residents or students who are likely to walk to the premises.

RESPONSE TO REPRESENTATIONS

56% of the shops in the Broomhill District Shopping Centre are in A1 use and provide for the daily needs of local residents and there is still room for A3 and A5 uses to add to the vitality and viability of the shopping centre. The proposed use, is a daytime use with a high proportion of A1 sales and is considered to be an acceptable use in this location.

The owner had to close the former health food shop in March, due to the economic climate, but has offered to continue retailing some of the health product range in the shop and will order products on behalf of elderly customers, if they find it difficult to access them elsewhere.

The proposals will provide a litter bin on the street frontage.

SUMMARY AND RECOMMENDATION

The proposals involve the change of use of the ground and first floors of a health food shop, A1, into a juice bar / 30 seat café, ( A3 ), with takeaway sales, ( A5 ). The health food shop closed at the end of March and the owner wishes to try a more viable, but still health food based, use. The hours of use proposed are daytime hours, from 8am until 8pm and appropriate sound attenuation, fume extraction, bin storage, cycle parking and litter bin facilities, will be provided. Some of the former health food ranges will still be available in a small display area to the rear of the ground floor.

190 56% of the shops in the shopping centre are currently in A1 use and there are no policy objections to an A3/A5 use and it is considered that the proposals will enhance the vitality and viability of the Broomhill District Shopping Centre.

The proposals are recommended for approval subject to appropriate conditions.

191

Case Number 08/05963/FUL

Application Type A Full Planning Application

Proposal Erection of dwellinghouse with double integral garage

Location Land In Curtilage Of 15 Cavendish Avenue Dore Sheffield S17 3NJ

Date Received 22/12/2008

Team SOUTH

Applicant/Agent Chris Gothard Associates

Recommendation Grant Conditionally

Subject to:

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

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

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

i) proposed facing materials ii) proposed roofing materials

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

In order to ensure an appropriate quality of development.

3 The solar water heating panels shall be provided as indicated on the plans before the use of the proposed dwellinghouse is commenced.

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

192 4 No development shall take place until details of the proposed disposal of surface water drainage have been submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

5 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.

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

To ensure satisfactory drainage arrangements.

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

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

8 Before the proposed development is commenced full details of the proposed new wall and fence to the boundary between the site and No. 15 Cavendish Avenue shall have been submitted and such details as are approved shall have been carried out before the use of the proposed dwellinghouse is commenced.

In the interests of the amenities of the locality.

9 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.

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

193

In the interests of the amenities of the locality.

11 The existing landscaped areas within the site shall be retained and protected from construction activity. Any damage during construction / demolition works shall be made good to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

12 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.

13 The 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.

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

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

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

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

16 The sole means of pedestrian and vehicular ingress and egress to the site shall be gained from and to Ringinglow Road, via the access shown on the approved plans, unless otherwise agreed in writing by the Local Planning Authority.

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

194 17 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995, or any Order revoking or re-enacting that Order, no enlargement, improvement or other alteration of the dwellinghouse which would otherwise be permitted by Class A to Part 1 of Schedule 2 to the Town & Country Planning (General Permitted Development) Order 1995 shall be carried out without prior planning permission.

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

18 The side elevation landing windows facing towards No. 11a Cavendish Avenue shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

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

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

In order to mitigate against the risk of flooding.

Attention is drawn to the following justifications:

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

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments CS63 - Responses to Climate Change SPG - Designing House Extensions

This informative is intended as a summary of the reasons for grant of planning permission.

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.

195 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.

2. 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.

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

4. The applicant 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.

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

6. 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

196 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.

7. 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.

Site Location

197

© Crown copyright. All rights reserved. 10018816. 2005

LOCATION AND PROPOSAL

The proposal, ( as amended ), involves the erection of a dwelling-house, (25.6m long including the double garage x 11 to 15m wide x 8m high to the ridge and 6m high to the eaves), on a back-land plot at 15 Cavendish Avenue, Dore. The proposed house will offer the following accommodation ;

Ground Floor - Lounge / kitchen / diner, drawing-room, garden-room, hall, wc, stairs, accessible wc, utility, double garage, store and binstore. First floor - 3 bedrooms, each with en-suite bathroom or shower-room, study, dressing-room, linen store, landing and stairs.

The proposals include the formation of a new access driveway, with turning facilities suitable for emergency vehicles. A new masonry wall with infill fencing panels is proposed to the new boundary with 15 Cavendish Avenue.

RELEVANT PLANNING HISTORY

Outline planning permission for the erection of a house to the rear of 15 Cavendish Avenue, was granted conditionally on - 03/00263/OUT and renewed on - 05/04430/OUT, on the 7th of February 2006.

SUMMARY OF REPRESENTATIONS TO THE ORIGINAL PROPOSALS.

3 letters of objection were received with regard to the original proposals, on the following grounds ;

A 2 storey extension to 10 Thornsett Gardens is not shown and would be overlooked by the proposed dwelling-house. However, if the proposed house could be re-oriented it would reduce overshadowing and loss of trees and would have less impact upon the privacy of adjoining properties.

Any external lighting should be low level and designed to avoid light pollution.

The development proposals could increase surface water drainage problems, unless a new fresh water drain is provided.

A telegraph pole needs resiting to provide the new driveway and should be sited uphill, away from an existing mature tree. This would facilitate the provision of a future second driveway to 17 Cavendish Ave. SUMMARY OF REPRESENTATIONS TO THE AMENDED PROPOSALS.

2 letters were received regarding the amended proposals, as follows ;

The re-orientation of the proposed house, together with the obscure glazing of the bathroom and en-suite windows, now provides adequate privacy for 10 Thornsett Gardens and the concerns about external lighting have been addressed.

198 Some thinning and height reduction of the boundary trees, would be appreciated to improve sunlight to No.10. Please maintain the new leylandii as a hedge.

Can a condition be applied to ensure considerate construction with regard to noise and construction hours.

The proposed dwelling-house is only 15.5m to the South West of a new extension at 9 Thornsett Gardens and could affect their privacy, whilst the new tree planting to the boundary, could overshadow the garden of No.9.

PLANNING ASSESSMENT

Policy

The site is located within a Housing Policy Area, under the Sheffield Unitary Development Plan, 1998 and housing is the preferred use, under Policy H10, (Development in Housing Areas), provided that it does not overdevelop the site or cause undue loss of privacy, security or amenity, for neighbouring properties, under policy H14, (Conditions on Development in Housing Areas).

Design and Impact

The proposed house is well designed, in a traditional 1930’s style and will be constructed in high quality materials, with locally sourced, natural coursed pitched stone, a rendered upper floor and a natural slate hipped roof, which is stepped down for the garage block, to reduce the apparent mass.

The house will have art-stone mullions, timber windows, conservation roof-lights and aluminium rainwater goods. The drive will be in tegular block paviours and the patio and paths will be in natural stone paving.

The house will have solar thermal water heating panels and will be well insulated to reduce energy use. The South Easterly orientation will provide passive solar gain. Low energy lights and low water use wc’s, are also proposed. Rainwater will be harvested for garden watering and the new drive will be cambered towards planted areas, to reduce surface water run-off.

15 Cavendish Avenue would retain a large plot, 43m long x 27m wide, with a 300m² rear garden area, whilst the proposed new dwelling-house would be located on a back-land plot, 34m wide x 37m long. The new dwelling house would also have a generous rear garden area, around 300m².

There are many precedents for this type of back-land development in the vicinity of the site, including a 2 storey dwelling-house currently under construction on the adjoining plot, at 11 Cavendish Road.

The orientation of the proposed dwelling-house has been amended in order to maximise privacy distances and avoid overshadowing of adjoining properties and a balcony formerly proposed on the front elevation has been removed, to ensure the privacy of adjoining residents.

199

The house will be 20m away from both 15 Cavendish Avenue and 10 Thornsett Gardens and will be set at an angle, to avoid overlooking. There are mature conifer trees to the rear boundary, which provide adequate screening and a new stone wall, with infill fence panels and screen planting, will be provided to the new boundary, with 15 Cavendish Avenue.

The blank side elevation gable of the proposed double garage, will be 16m away from the blank gable of the extension tof 9 Thornsett Gardens and this is considered to be adequate to avoid undue overshadowing.

The new house in the rear garden of 11 Cavendish Avenue, has no side elevation windows and will not be significantly affected by the proposals. A proposed first floor window, facing towards 11a, will be obscure glazed.

Landscaping

One tree is to be removed in order to provide the driveway and a conifer is to be removed to provide the garage. Otherwise, the boundary hedges and trees are to be retained for screening purposes, with any thinning, lopping or extra planting, being agreed with neighbours, prior to any work taking place.

Highways

The proposals would retain the existing driveway, double garage and turning facilities to No.15 Cavendish Road and would provide a new access, double garage and turning facilities, for the new property. This meets the Council’s car parking guidelines, the access is considered safe, and there are no highway objections to the proposals.

RESPONSE TO REPRESENTATIONS

The extensions to 9 and 10 Thornsett Gardens have been added to the plans and the proposed house has been re-oriented to avoid undue overshadowing and loss of privacy to No.10.

The height and footprint of the garage has been reduced slightly and moved 1m further away from 9 Thornsett Gardens. The distance between the blank gable of the proposed garage and the blank gable of the extension to No.9 is now 16m, which should reduce overshadowing.

The re-orientation of the proposed house and the removal of a front balcony, formerly proposed, means that the proposals will no longer have any undue impact upon the privacy of No.17 Cavendish Avenue, 39m away.

The tree planting formerly proposed in the North East corner of the site, has been removed from the plans, as requested, to avoid over-shadowing. Any tree planting will be carried out only with the prior agreement of all parties.

200 A mature oak tree in the garden of 10 Thornsett gardens will be protected during construction works.

The external lighting will be movement sensor operated to avoid light pollution as requested.

A new land drain is to be provided in order to address drainage concerns.

SUMMARY AND RECOMMENDATION

The proposals involve the construction of a new house, access and a double garage, on a large back-land plot, to the rear of 15, Cavendish Avenue.

No.15 would retain the existing driveway, double garage and a 300m² rear garden area, which is more than adequate, for amenity purposes.

The new house would be constructed in a traditional style, using local, natural stone, render and slate, but would be energy efficient, with good insulation, passive solar gain and solar thermal water heating. It would harvest rainwater for landscape watering and the driveway would use permeable tegular paving.

The proposed house would also have a 300m² rear garden area and would provide satisfactory privacy distances to all adjoining properties. Concerns about overshadowing, have been addressed by re-orienting the proposed dwelling house and reducing the proposed boundary screening.

These are large plots with long rear garden areas and there are several precedents for back-land developments in the vicinity of the site. A similar development is currently under construction, in the rear garden area of 11 Cavendish Road, next door. In this context the development proposed is not considered to be out of character.

Overall the proposals are considered to be well designed and are recommended for approval, subject to appropriate conditions.

201

Case Number 08/05842/FUL

Application Type A Full Planning Application

Proposal First floor rear/side extension, construction of lightwells and conversion of existing 6-bedroom house into 1 no. flat and 4 no. bedsits (amended scheme dated 22/04/2009)

Location 1 - 3 Rushdale Road Sheffield S8 9QA

Date Received 15/12/2008

Team SOUTH

Applicant/Agent Keith Wainman

Recommendation Grant Conditionally

Subject to:

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

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

2 The materials to be used externally shall match those of the existing building in colour, shape, size and texture.

In order to ensure an appropriate quality of development.

3 The windows serving the basement facing onto Brooklyn Road shall be glazed with obscure glass to a minimum privacy standard of Level 4 obscurity and shall be permanently retained in that condition thereafter.

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

4 Prior to the commencement of development, details of protective fencing for the light well of the new window facing Rushdale Road shall have been submitted to and agreed in writing by the Local Planning Authority. Such fencing shall be implemented prior the commencement of the work and retained thereafter.

In the interests of the amenities of the locality.

202 Attention is drawn to the following justifications:

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

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H5 - Flats, Bedsitters and Shared Housing

This informative is intended as a summary of the reasons for grant of planning permission.

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

203 LOCATION AND PROPOSAL

The site comprises an end terrace house at the corner of Rushdale Road and Brooklyn Road, Heeley. It is a two storey red brick property with a pitched roof. Accommodation within the house, which is currently used as a flat and a six bedroomed residential unit, extends into the roof space.

The building was probably used as a shop prior to the current residential use because the corner elevations at ground floor extends out slightly and there is a corner feature. This is of cream render, contrasting with the red brick of the rest of the building.

There is a rear, single storey off-shot extension with a mono-pitched roof and a small yard area. The two elevations that front onto Rushdale Road and Brooklyn Road directly adjoin the footway; there is no garden area.

This application, as amended, is to convert the building into one two bedroomed flat and four bedsits. This would involve using the existing accommodation, the basement, creation of light wells serving the basement and an extension on top of the single storey off-shot to create a two storey off-shot. There is also a further flat within the building that would remain unaltered and this is not part of this application.

REPRESENTATIONS

None have been received.

PLANNING ASSESSMENT

Policy Issues

The adopted Unitary Development Plan (UDP) shows that the site is within a housing policy area and Policy H10 of the UDP states that housing is the preferred use. Policy H14 deals with Conditions on Development in Housing Areas and states that extensions should be well designed and in scale and character with the surrounding area. Also, the site should not be overdeveloped or deprive residents of privacy or light. Policy H5 – Flats, Bedsitters and Shared Housing – says that a concentration of uses should not cause harm to existing residents, living conditions should be satisfactory for occupants and appropriate off-street parking should be provided.

In this instance, the area around the application site is predominantly modest terraced housing and this proposal would not result in an unacceptable concentration of flats and bedsits.

Policy H16 deals with Open Space in Housing Development and says that for development of five dwellings or more, a commuted sum for open space improvements is required. However, in this instance, the existing use is a flat and a residential unit in multiple occupation, and the creation of a flat and four bedsit

204 flats is only creating three new residential units. Consequently, this policy would not apply.

The Sheffield Development Framework Core Strategy has now been adopted. Policy CS40 – Affordable Housing – requires a contribution on new housing schemes but the threshold for this requirement is fifteen new dwellings or more.

Policy CS65 – Renewable Energy and Carbon Reduction – states that all significant developments, which in housing terms, means five dwellings or more, a minimum of 10% of predicted energy needs should be from decentralised and renewable or low carbon energy sources. However, this does not apply for the same reason as Policy H16 of the UDP.

Design and Exterior

The proposal, as amended, would leave the building largely unaltered. A first floor extension would be added to the single storey off-shot. The original proposal showed a flat roofed exterior at first floor on top of the off-shot extension, but this has been altered to a mono-pitched roof similar to existing, which is much more in keeping with the character of the area. Three light wells would be introduced at basement level and a new window would be put in place at the first floor facing Brooklyn Road. Apart from this, the exterior would be unaltered.

The building would remain much the same as it is, which is acceptable and the character of the immediate surroundings would not alter.

With respect to the basement windows, the two facing onto Brooklyn Road are high level windows that do not need any alteration to the footway that adjoins the house. However, the larger window facing onto Rushdale Road does require a new light well sunk into the ground to allow the window to be put in place. The land is part of the forecourt that is associated with the building so the applicant can carry out these works. A low, protective fence should be placed on top of the light well for safety reasons, which can be controlled by a condition. A new window is also provided facing the yard area.

Amenity of Future Occupiers

The amenity provided with the proposal at the ground floor and above would be the same as existing with the exception of the cellar. It is proposed that this is used as the two bedrooms associated with the main living space above, at ground floor. Each bedroom would have a new window providing light and the en-suite facilities for each bedroom would also have a window which would require opaque glass.

This arrangement is considered to be acceptable because the main living area is at ground floor level.

The external amenity area is the small rear yard, which would remain, serving a similar number of people as it does at present.

The amenities for future occupiers are considered to be acceptable.

205

Parking and Transportation

There is no existing off-street parking provision and there is none proposed with the application. The numbers of people being accommodated in the existing residential arrangement would be very similar to that proposed, so it is not envisaged that any additional parking demand will result. It would, therefore, be unreasonable for the application to be resisted on parking grounds.

The site is relatively close to Chesterfield Road and Heeley Shopping Centre where there are also good bus services into the city.

Impact on Neighbours and Surrounding Area

The new windows would not face neighbours so there would be no loss of privacy. The use would not result in an unacceptable level of noise or disturbance.

The proposed first floor extension faces towards the rear of 7 Brooklyn Place, which is at a lower level than the application site. The proposal would have a width of two metres and a mono pitched roof. The rear of the off-shot would be 10 metres from the rear of 7 Brooklyn Place, but 7 metres from the rear of the off-shot. Given the limited dimensions of the proposal, it is considered that there would not be an over dominant impact on 7 Brooklyn Place.

SUMMARY AND RECOMMENDATION

1-3 Rushdale Road is currently used as a flat and a dwelling in multiple occupation. It is proposed to convert this to a flat with four bedsits. There would be only minimal alterations to the exterior with a small extension placed on top of the single storey off-shot extension and the impact on the immediate surroundings is acceptable.

No off-street parking would be provided which is acceptable, the amenities of future occupiers would be acceptable and there would be no detrimental impact to neighbours.

The proposal is acceptable, complies with the policy criteria set out in this report and is recommended for conditional approval.

206

Case Number 08/05749/OUT

Application Type Outline Planning Application

Proposal Erection of buildings for business, general industry and storage and distribution (use classes B1, B2 and B8) with structural landscaping and riverside footpath (amended scheme)

Location Vantage Park, Sheffield Road (Land Between Lock Lane And 303 Sheffield Road) Tinsley Sheffield

Date Received 02/12/2008

Team CITY CENTRE AND EAST

Applicant/Agent Dalton Warner Davis LLP

Recommendation Grant Conditionally

Subject to:

1 In respect of each part of the development to be the subject of a separate reserved matters application, that phase or part of a phase of the development shall not commence until layouts, plans/sections and elevations for that part of the development illustrating:

layout; scale; appearance; access; and, landscaping.

Have been submitted to and approved in writing by the Local Planning Authority.

The part of the development that is the subject of the reserved matters application shall in all respects be carried out in accordance with the approved layouts, plans/sections and elevations unless otherwise agreed in writing by the Local Planning Authority.

207 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 five years from the date of this decision.

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

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

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

4 The development shall be carried out in accordance with the approved Design and Access Statement dated 26.2.2009 and the Whitelaw Turkington Landscape Design or any variation agreed with the Local Planning Authority that does not result in a material departure from the approved document.

In order to ensure that the environmental impact of the development is consistent with that assessed as part of the application and to ensure that it is carried out in accordance with the fundamental design principles that are critical to securing a high quality development.

5 The development shall be carried out in material compliance with scale parameters for the different uses and maximum building size identified in the scale section of the design and access statement. The gross external floor space shall not exceed 23,850 sqm as identified in the applicants letter dated 27.2.09 and vehicular access from Sheffield Road to the land east of the Fixed Link shall be located as identified on drawing number (06)001 Rev PL4 and to the west of the Fixed Link in the ‘zone for entrances’ identified on drawing number (06)001 Rev PL4 with no more than two access points to Sheffield Road being provided within the zone.

In order to ensure the environmental impact of the development is consistent with that assessed as part of the application, in the interests of traffic safety and in order to define the permission.

6 Unless otherwise agreed in writing by the Local Planning Authority any part of a building within 25m of the Sheffield Road frontage, (Sheffield Road to be defined as it exists at the date of this permission) shall not exceed 12m in height, and elevations within 25m of Sheffield Road shall not exceed 60m in length when orientated parallel to Sheffield Road.

208

In the interests of ensuring that the environmental impact of the development is consistent with that assessed as part of the application and ensuring that the buildings do not appear overbearing when viewed from residential properties located on the south side of Sheffield Road.

7 The total B1 (a) gross external office floorspace shall not exceed 5000 sqm and the B1 (a) office floorspace occupied by an individual company or organisation shall not exceed 1500 sq.m., (with the exception of ancillary office floor space within any B1 (b), B1 (c), B2 or B8 building), unless otherwise agreed in writing by the Local Planning Authority.

In the interests of ensuring that the City Centre is the focus for office development and offices well served by public transport are smaller scale in accordance with the objectives of the Regional Spatial Strategy, Core Strategy Policy CS 3 and PPS 6.

8 The new office, industrial, and warehouse/distribution buildings shall be designed to BREEAM Very Good standard, unless it can be shown to be not viable or feasible, in accordance with a report submitted to and approved by the Local Planning Authority as part of each reserved matters application. Before each building is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that BREEAM ‘very good’ has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

In order to ensure a high standard of energy efficiency in accordance with Core Strategy policy CS64.

9 Unless it can be shown not to be feasible and viable, each reserved matters application for a new building shall be accompanied by a report which shall be submitted to and approved by the Local Planning Authority identifying the strategy for providing:

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

Any agreed renewable or low carbon energy or design measures to reduce the carbon dioxide emissions shall have been installed before the relevant building is occupied. Thereafter the approved measures or alternative measures that achieve the same percentages of renewable or low carbon energy and reduced carbon dioxide emissions shall be retained unless otherwise agreed in writing by the Local Planning Authority.

This condition shall not preclude an agreement being reached with the Council for a contribution towards an off-site carbon reduction scheme if it is

209 demonstrated that it is not feasible to generate renewable or low carbon energy on site.

In order to ensure that new development makes energy savings in the interests of mitigating the effects of climate change and in accordance with Core Strategy policy CS65.

10 Should a B1 (a) offices be developed, details of a green roof, (including construction details and maintenance arrangements), to be provided on a single office unit, shall be submitted to and approved by the Local Planning Authority before any of the offices are constructed, unless it can be demonstrated that that it is not feasible or viable, in accordance with a report to be submitted to and approved by the Local Planning Authority. The green roof shall be implemented and maintained in accordance with the approved details.

In the interests of securing sustainable development in accordance with Core Strategy policy CS 64.

11 The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA by Michael Lambert Associates (dated 27 November 2008) and the following mitigation measure detailed within the FRA;

1.Finished floor levels shall be set a minimum of 600mm above the 1 in 100 year level in the River Don (as shown in figure 3 of the FRA).

In order to mitigate against the risk of flooding.

12 The development hereby permitted shall not be commenced until such time as a scheme for the provision and implementation of a surface water run-off limitation to reduce the discharge from the site by 30% has been submitted to, and approved in writing by, the Local Planning Authority.

The scheme shall be fully implemented and subsequently maintained, in accordance with the timing/phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

In order to mitigate against the risk of flooding.

13 Unless otherwise agreed in writing by the Local Planning Authority, in respect of each part of the development to be the subject of a separate reserved matters application, the development of that phase shall not commence until details of a Sustainable Urban Drainage Scheme (Suds) has been submitted to and approved by the Local Planning Authority for that phase. The Suds scheme shall be implemented before the relevant buildings are brought into use.

210 In order to ensure the site is developed in a sustainable way and in accordance with Core Strategy policy CS 67.

14 Prior to the occupation of the final phase of development to the west of the proposed Fixed Link, a footpath link shall be provided along the canal/river frontage between the end of the existing towpath and connecting through the site to Sheffield Road in the vicinity of Ferrars Road. Details of the design, gradient and street furniture shall be submitted to and approved by the Local Planning Authority prior to the works being carried out.

In the interests of the amenities of the locality.

15 The footpath between Sheffield Road and the canal towpath shall be kept open for public access at all times and the riverside walkway shall be kept open for public access at all times for 364 days of each year unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

16 Prior to the occupation of any building, a detailed Travel Plan for the occupier, designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Detailed Travel Plan(s) shall be developed in accordance with a previously approved Framework Travel Plan for the proposed development, where that exists. The Travel Plan(s) shall include:

1. Clear and unambiguous objectives and modal split targets; 2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed, 3. The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the local planning authority. 4. The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

17 Before the development is commenced, 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

211 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.

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

In the interests of the safety of road users.

19 No vehicular access to or egress from the site shall be gained from or to Lock Lane unless otherwise agreed in writing by the Local Planning Authority.

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

20 The site layout shall be designed so that it does not restrict the construction of the Fixed Link road as shown on Drawing No. 08-054 (06) 001 Rev PLO subject to minor amendments that may be required during the detailed design phase.

In the interests of protecting the alignment of a new road which is necessary for the future economic regeneration of the area.

21 Car parking levels for B1 (a) offices shall not exceed 1 space per 60 sq.m and 1 per 75 sqm for B2 general industry, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of limiting traffic generation in a location reasonably served by public transport and where there is limited highway capacity and in accordance with the Regional Spatial Strategy parking policy.

22 The maximum amount of floorspace that can be developed in addition to that forming part of phase 1 shall be governed by the formula for the PM peak hour as set out in the documents "Views on HA's Consultation Response" and "Additional information for Highways Agency" both dated February 2006.

In the interests of limiting traffic generation in a location where there is limited highway capacity.

212 23 The site shall not be occupied by any open storage uses.

In the interests of the amenities of the area and in accordance with UDP IB6.

24 The noise generated by any occupier of the B2/B8 units shall not increase background noise levels, measured as LA90 (15 minutes), at the boundary of the nearest noise sensitive receptors.

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

25 The noise generated by any occupier of the B2/B8 units shall not increase the background noise levels by more than 5dBA on public access areas adjacent to the watercourse, when measured as LA90 (15 - minutes).

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

26 Prior to each new occupation of the B2/B8 units a noise assessment shall be carried out to determine a scheme of sound attenuation works for each unit to be capable of achieving compliance with the noise level specified above. The scheme shall include proposed activities and plant within each building and in external loading, unloading and service areas. The noise assessment and scheme of works shall be submitted to and approved by the Local Planning Authority before the unit is occupied. The works shall be implemented before the use commences and thereafter permanently retained.

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

27 Within three months of occupation of each B2/B8 unit a noise assessment, in a format to be agreed with the Local Planning Authority, to demonstrate compliance with the above noise conditions, shall be submitted to and approved by the Local Planning Authority.

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

28 Any forklift trucks to be used outside the buildings shall be electric powered unless otherwise agreed in writing by the Local Planning Authority.

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

29 10% of the parking spaces for each of the B2/B8 units shall be reserved and signed for low emission vehicles. Before construction of these units commences a definition of low emission vehicles and details of the signage

213 shall be submitted to and approved by the Local Planning Authority unless otherwise agreed in writing by the Local Planning Authority.

In the interests of minimising the impact of the proposal on air quality.

30 The landscape management, supplementary planting, provision of wildlife features and measures for eradication Japanese Knotweed on the river and canal embankment shall be carried out in accordance with the details agreed as part of application 05/04833/OUT and any amendments subsequently agreed by the Local Planning Authority.

In the interests of the amenities of the locality.

31 Prior to any of the buildings being occupied details of a public art scheme along with a programme for implementation shall be submitted to and approved by the LPA. Thereafter the scheme shall be implemented in accordance with the approved details.

In the interests of the amenities of the locality and UDP policy BE12.

32 The development shall be carried out in accordance with section 7.5 of report9167/4 dated October 2007 regarding ground gas protection to all buildings. Written verification that the gas protection measures have been installed as approved, within 21 days of the approved scheme being completed shall be submitted to the Local Planning Authority.

In the interests of the amenities of the locality.

33 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 6.5 metres either side of the centre line of the disposal main, which crosses the site.

In order to allow sufficient access for maintenance and repair work.

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

To ensure satisfactory drainage arrangements.

35 No piped discharge of surface water from the site shall take place until works to provide a satisfactory outfall for surface water have been completed in accordance with details to be submitted to and approved by the Local Planning Authority before development commences.

To ensure satisfactory drainage arrangements.

36 No development shall take place until details of the proposed means of disposal of foul water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the Local Planning Authority.

214

To ensure satisfactory drainage arrangements.

37 Unless otherwise approved in writing by the Local Planning Authority, no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

To ensure satisfactory drainage arrangements.

38 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.

39 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.

Attention is drawn to the following justifications:

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

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

Regional Spatial Strategy

E2 - T2 -

Core Strategy Policies

CS3 - Management of Demand for Travel

215 CS5 - Locations for Manufacturing, Distribution/Warehousing and other Non-office Businesses CS64 - Climate change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS67 - Flood Risk Management

This informative is intended as a summary of the reasons for grant of planning permission.

Site Location

© Crown copyright. All rights reserved. 10018816. 2005

INTRODUCTION

Members may recall that planning permission was granted for a part outline and part detailed permission on this site in March 2006 (05/04833/OUT). Outline

216 permission was granted across the whole site for erection of buildings for B1use (Business), B8 use (warehousing) and B2 use (industrial). Detailed permission was also granted for a first phase consisting of reclamation, levelling, structural landscaping and a footpath along part of the canal frontage. This first phase also included the erection of five 2 storey office buildings comprising of 3640 sqm of floorspace with 92 car parking spaces. Consent was granted subject to the applicant entering into an agreement to secure contributions for; bus preference measures; pedestrian crossing facilities on Sheffield Road; improvements to the canal towpath; a variable message sign; real time information in bus shelters and a commitment to provide access from the Fixed Link for land to the east of the Fixed Link. The legal agreement was completed, planning permission issued and phase 1 has been implemented with the assistance of Objective 1 funding. Contributions have already been paid for the improvements to the canal towpath, bus preference measures and pedestrian crossing facilities along the Sheffield Road frontage of the site.

LOCATION AND PROPOSAL

The application site is approximately 6.3 hectares of undeveloped land that has recently be reclaimed and levelled to provide 3 plateaus. The west end of the site adjoins a recently completed scheme of 5 two storey office buildings developed by the same applicant. The site has a long frontage to Sheffield Road and a wide landscaped buffer incorporating trees, a hedge and mounding has been implemented. To the south and on the opposite side of Sheffield Road is an area of densely developed terraced housing. To the north and at a lower level is the Sheffield and Tinsley Canal, the River Don and a railway interspersed with vegetation. Further to the north there is the vacant E.ON site (which has outline planning permission for a Biomass power station) and Blackburn Meadows Sewage Works.

The existing planning permission referred to above expired on 15th March 2009. The applicant did consider submitting the reserved matters details before this point but as the form of the development is unknown it was considered to be wasteful and too costly. They are therefore seeking permission to extend the outline permission for the undeveloped part of the site (6.3 hectares) for a period of 10 years.

The application is in outline with all matters reserved for the erection of units within Use Class B1 (offices), B8 (warehouses) and B2 (industry). It is seeking approval to develop a maximum gross external floor space of 23,824 sqm across the site as a whole. Within this overall floorspace, offices would be limited to 5000 sqm with any individual building being limited to 1500 sqm. Two indicative site layouts have been submitted. One demonstrates how the maximum floorspace can be accommodated on the site. This shows one two storey office building, similar to those already constructed by the applicant and five larger industrial/warehouse buildings up to 6000 sqm. The second indicative layout which is the applicants preferred layout, shows one two storey office building and 8 smaller industrial/warehouse buildings.

217 Both indicative layouts have been designed around the Fixed Link, a new roundabout and road connection at the east end of the site. The road adopts a north westerly alignment and is shown as bridging over the River Don and railway line to the north west of the site. It is intended to provide relief to junction 34S of the M1 by bypassing the motorway junction and providing a connection between Sheffield Road, Tinsley and Meadowhall Way. The Fixed Link does not form part of this application, the indicative layout merely demonstrates that the development proposals have taking this road proposal into account.

Both indicative plans show three access points along the Sheffield Road frontage. One is located at the east end of the site and will serve the industrial units to the east of the Fixed Link. To the west of the Fixed Link, two points of access are identified and these will be located within an access zone identified on the plan.

Both indicative layouts provide some structural landscaping along the Sheffield Road frontage, most of which has already been implemented as part of the first phase of development. Structural landscaping is maintained along the river and canal frontages and a new amenity footpath route will be provided along the river/canal frontage that connects back to Sheffield Road. In most cases, the buildings are sited so that the office element faces the public highway with service areas at the rear, screened by the building.

The precise location and scale of buildings is not known at this stage. The application is seeking permission for buildings up to approximately 90m by 60m in length. The indicative layout showing the proposed maximum floor space illustrates how buildings of this scale could be accommodated on the site. This shows the longer elevations orientated north/south so that the building presents less of a continuous mass to Sheffield Road and the housing areas to the south.

The maximum building heights will be up to 8.5m for the 1500 sqm office buildings, up to 11m for industrial/warehouse buildings up to 3000 sqm and up to 15m in height for industrial/warehouse buildings up to 6000 sqm.

RELEVANT PLANNING HISTORY

Land to the East of Lock Lane

Detailed planning permission was granted in March 1991 for 4 B2/B8 units with a floor space of 8390 sqm. (90/1421P). This permission was not implemented and has now expired.

Land to the West of Lock Lane

Outline planning permission was granted for B1 Business use in March 1992 (91/2734P). This consent was renewed in March 2003 (95/00285/OUT). The traffic impact study assumed a floor space of up to 23,000 sqm. Permission was granted subject to a legal agreement that secured contributions for improvements to public transport, walking and cycling. The permission also reserved the line of the Fixed Link.

218 Permissions were granted in June 2004 (04/01150/FUL) and October 2005 (05/01057/FUL), which allowed for a phased development of the site and extended the life of the permission such that reserved matters could be submitted until Aug 2008.

A hybrid outline and detailed permission was granted consent in March 2006 (05/04833/OUT) for erection of buildings for business, general industry and storage & distribution (use classes B1, B2 & B8) including detailed plans for a first phase comprising of the erection of 5 x 2-storey B1 buildings, construction of accesses to Sheffield Road, remedial work, associated car parking and landscaping. The first phase of 5 office buildings and site remediation along with some structural landscaping has been implemented. However the time limit for submitting reserved matters for the rest of the site has expired.

SUMMARY OF REPRESENTATIONS

Neighbouring residents, businesses and community groups were consulted along with Rotherham Council. The scheme was advertised in the press and site notices were displayed.

One letter has been received from a local resident. They object to the proposal on the grounds that noise from cars and lorries loading may be a problem for residents if 24 hour trading occurs. They consider that there is already too much traffic and state that residents have difficulty parking.

Rotherham Council has no objections to the proposal subject to a condition restricting the amount of office, (B1a) floorspace occupied by a single company to 2,000 sqm.

British Waterways supports a high quality waterside development which incorporates buildings which address and are orientated to the waterway, have a high degree of pedestrian permeability, have an attractive landscape setting and improve the appearance of the site form the tow path and water at boat level. They consider the provision of the waterside walkway of high importance and it should be designed to allow for disabled access and not conflict with the residential moorings located in the area. They consider planting schemes should be based on natural vegetation and informed by the Biodiversity Action Plan prepared for the canal.

The Highways Agency has raised no objections to the proposal subject to conditions being attached to a consent to secure; submission of a travel plan; protection of the route of the Fixed Link; limiting car parking to a maximum of 1 space per 45 sqm for offices; the maximum floorspace being limited to a formula which restricts the peak hour traffic to specified levels agreed in the last consent. They also wish to see any consent tied to a legal agreement that secures contributions for; bus preference measures and pedestrian crossing facilities; improvements to the canal towpath; a variable message sign; real time information in bus shelters; a residents parking scheme if needed; a commitment to provide access from the Fixed Link Road for the land to the east of the Link road and to reinstate redundant vehicular access to Sheffield Road.

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South Yorkshire Passenger Transport Executive considers that the permission should secure the protection of the Fixed Link route, real time information displays and bus preference measures negotiated as part of a pervious permission.

Sheffield Wildlife Trust has commented that the development should incorporate green roofs, a landscaped buffer zone at the top of the river bank; new buildings should incorporate biodiversity features, planting should complement the waterside character and include native species. They also consider that measures should be included to eliminate invasive species and replacement tree planting should be provided if any species are lost.

PLANNING ASSESSMENT

Policy Issues

Regional Policy

Policy YH1 of the Yorkshire and Humber Plan Regional Spatial Strategy to 2026 sets out the key spatial priorities. These include transforming the economic, environmental and social conditions in the older industrialise parts of .

Policy YH2 headed, ‘Climate Change and Resource Use’, encourages the development of previously developed land and more energy, resource and water efficient buildings.

Policy YH7 provides guidance on the location of development. It states that development should make the best use of existing transport infrastructure and take into account capacity issues. It should also maximise accessibility by walking and cycling.

Policy E1seeks to create a more successful and competitive regional economy by facilitating links between, job opportunities, skills development, business productivity and investment, and the needs of excluded communities. By creating employment opportunities close to the Tinsley community, the development can be considered to support this policy.

Policy E2 states that town centres will be the main focus for office development.

Policy E3 ‘Land and premises for economic development’ states that there is a need for additional office development and considerable scope for this to be focussed in city and town centres.

Policy ENV5 ‘Energy’ states that new developments of more than 1000m2 of non residential floor space should secure at least 10% of their energy from decentralised and renewable or low carbon sources, unless having regard to the type of development involved and its design, this is not feasible or viable.

220 Policy T1 ‘Personal travel reduction and modal shift’ seeks to reduce travel demand, traffic growth and congestion by a range of complementary measures including discouraging inappropriate car use and encouraging the use of low emission vehicles. The location of development should be informed by public transport accessibility criteria, for employment uses the criteria suggests that the site should be within 5 minutes walk of a bus stop offering 15 minute frequency to a major public transport interchange. This policy also suggests that congestion should be addressed by the use of employers travel plans, improved facilities for pedestrians and cyclists, encouragement of car clubs and car sharing and encouragement of a shift from car-based to public transport based commuting.

Policy T2 ‘Parking Policy’ promotes maximum parking standards which apply to development above 2500 sqm. For B1, (business development) this is one space per 60 sqm of floor space and for B2, (general industry) this is one space per 75 sqm of floor space.

Sheffield Development Framework Core Strategy

The SDF Core Strategy was adopted on 4th March 2009 and superseded a number of policies within the Unitary Development Plan. Within the Core Strategy, the Spatial Strategy states that the Lower Don Valley will continue to complement the City Centre as a strategic employment area and will provide for businesses and workers who require different kinds of areas from the City Centre.

Policy CS3 of the Core Strategy identifies the locations for office development, the main location being the City Centre and its edge, which should include at least 65% of total office development in the city. The application site does not fall within any of the identified locations. The policy does allow for small scale offices on high frequency public transport routes, small scale being defined as single office units of less than 1000 square metres gross internal floor space. High frequency bus routes are defined as those where 10 buses or more per hour stop. Sheffield Road adjoining the application site is a medium frequency bus route, which equates to 5-10 buses per hour.

Policy CS5 states that manufacturing, distribution/warehousing and other non- office businesses will be located in the Lower Don Valley.

Policy CS64 states that all new buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. All new developments will be required to achieve a high standard of energy efficiency and make the best use of solar energy, passive heating and cooling, natural light and natural ventilation. New buildings must be designed to use resources sustainably including, minimising water consumption and maximising water recycling, using sustainable materials where possible and minimising waste and promoting recycling. The commentary on the policy says that all non-residential developments should achiever BREEAM rating of very good as a minimum

Policy CS65 states that all significant developments will be required to provide a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy and generate further renewable or low carbon

221 energy or incorporate design measures to reduce the developments overall predicted carbon dioxide emissions by 20% where feasible and viable.

Policy CS67 is concerned with flood risk management. It states that the extent and impact of flooding will be reduced by requiring all developments to limit surface water run-off, on brownfield sites it states that run-off must be reduced by 30%. The policy also requires the use of Sustainable Drainage Systems or techniques on all sites where feasible and practical.

Unitary Development Plan

The whole of the application site lies in a Fringe Industry and Business Area where preferred uses are industry, business and warehousing. However the office element of this policy has been superseded by The Yorkshire and Humber Plan, the Core Strategy and Planning Policy Statement 6. As explained above, the Yorkshire and Humber Plan requires the City Centre to be the focus for office development. The emerging Sheffield Development Framework Core Strategy interprets this policy by promoting certain highly accessible locations as suitable for offices outside the City Centre. The application site is not one of these. Planning Policy Statement 6 (PPS 6) identifies offices as a key town centre use. For office development outside town centres applicants are required to demonstrate the need for the development, show that the scale is appropriate, demonstrate that the sequential approach to site selection has been applied, that it will not have a significant impact on existing centres and that it is served by a choice of means of transport.

Policy Summary

Planning policy supports development of the site for industry and warehousing uses and is supportive of employment generation close to deprived communities such as Tinsley. The office element of the scheme is not consistent with the thrust of policy CS3 of the Core Strategy as it is not one of the preferred locations for offices. However limiting the offices to a maximum of 5000 sqm will mean that the City Centre is still the main focus for office development and the proposal will not breach the target of securing 65% of total office development in the City Centre or on its edge. Limiting the size of any individual office to a maximum of 1500 sqm will ensure that only smaller scale offices are developed on the site, which is more consistent with policy CS3 although this site is not one of the preferred locations for offices. In terms of PPS 6 it is considered that there is a need for some out of centre offices and this site is reasonably sustainable. By limiting the scale of the offices it will not have a significant impact on existing centres. Therefore it is considered that the Core Strategy, Regional Spatial Strategy office policies and PPS 6, do not provide sufficient justification for resisting this proposal. It should also be noted that the current proposal will secure a significant reduction in the amount of offices that could be developed on the site under previous (now expired) consents.

The consistency of the proposed development with policies that seek to promote sustainable development and with transport policies is considered in more detail below.

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Sustainability

The applicant’s sustainability statement assesses the application against the informal planning guidance on sustainability on the Council’s web site. This takes the form of five key questions with a further 7 planning objectives.

The first key question is how the development will support and help revitalise the local economy. The applicant has pointed out that the application proposal has the potential to be a major employment generator. The jobs will be accessible to the Tinsley area on foot and bike and to the wider Sheffield and Rotherham areas by public transport. The applicant has submitted a legal agreement that commits him to encouraging occupiers to utilise the JOB Match service when seeking labour. This is a human resources consultancy service for inward investors and expanding local companies. The service helps to match a companies recruitment needs with the local labour market whilst identifying appropriate training programmes.

In terms of reinforcing Sheffield’s neighbourhoods and communities the proposal will help to regenerate a vacant site whilst providing local jobs. It will enhance the appearance of the site and provide improved access to a riverside footpath for the local community as well as workers.

Developments should be accessible to a range of transport options and provide inclusive access. The access section below confirms that the site is accessible to the local population by walking and cycling and is reasonably well served by public transport. Inclusive access will be considered when detailed designs are developed.

The fourth key question is whether the development will protect and enhance Sheffield’s natural environment and resources. The improved management of the riverside embankment and additional landscaping within the site will help to enhance the natural environment. There will be a small adverse impact on air quality but this is bound to be the case if this site is regenerated. The impact is not considered to be so great that it would justify resisting this proposal.

The guidance states that new developments should integrate high quality design and construction. The first phase of development, which consists of five office buildings, is of a good standard of design. However it will be more difficult to achieve the same quality with the larger scale and more functional industrial/warehousing buildings. However, the design and access statement and landscape masterplan includes design parameters that will help secure a higher quality design and layout.

The applicant is willing to accept a condition that the office and industrial buildings would be constructed to BREEAM very good standard, in accordance with the latest Core Strategy policy CS64.

The applicants have agreed to a condition to secure 10% of energy from decentralised and renewable or low carbon sources (and to generate further renewable or low carbon energy or incorporate design measures sufficient to

223 reduce the developments overall predicted carbon dioxide emissions by 20%) if feasible and viable. This is consistent with Core Strategy policy CS65 and detailed proposals will need to be brought forward at the reserved matters stage.

The Council’s sustainability guidance encourages the provision of green roofs. The applicant has stated that the type of roof design cannot be established as this stage. However, they are willing to accept a condition that will secure a green roof on one office building, if constructed and if feasible and viable.

The sustainability guidance requires major development to produce travel plans and consider the need for car clubs, in order to reduce the need for travel and manage the demand for trips. A condition is proposed, which will ensure that detailed travel plans will be submitted at the reserved matters stage.

The sustainability guidance encourages developments along rivers to make more of the wildlife, open space and access opportunities. The application will provide a riverside footpath and allow for connections to it from the development and wider area. The management of the riverside embankments will also help to enhance its habitat value.

Under the waste and recycling heading, the sustainability guidance states that all developments must be designed to accommodate waste storage and recycling. This is perhaps more of an issue with office developments than industry and warehousing uses which tend to have large service yards that can accommodated recycling facilities. This will be addressed at the reserved matters stage.

Flood risk issues are covered in more detail below. The sustainability guidance and the Core Strategy policy encourage developments to reduce run off and adopt Sustainable Urban Drainage Schemes (SUDS). A condition is proposed that will reduce run off by a minimum of 30% as required by the policy. A condition is also proposed to ensure that details of a SUDS scheme is submitted for approval. A SUDS drainage scheme has already been implemented as part of the first phase of office development.

As part of the design and access statement the applicants have indicated that generally materials will be selected based on their performance within the BRE ‘Green Guide to Specification’ which has assessed the life cycle impacts of building components against a range of issues including their embodied energy, toxic emissions during manufacture, their recycled content and their ability to be recycled at the end of their life. They have stated that preference will be given to using A-rated materials where possible.

In general the development scores well against the Council’s sustainability guidance and policies.

Access and Highway Issues

The last permission on this site was granted subject to a condition that is linked to a formula that controls the amount of floorspace that can be built so that traffic generated by the development will not exceed a specified level within the evening

224 peak period. This was arrived at following extensive negotiations with the highway authority and the Highways Agency. The formula allows different proportions of office, industrial and warehousing development provided the overall peak hour traffic generation is not exceeded. It limits the amount of development and thereby the amount of traffic to a level that can be accommodated on the highway network without creating significant traffic safety or congestion problems. It is recommended that the same condition is attached to this application.

The traffic assessment submitted as part of the last application has been reviewed as part of this scheme. This previous consent did not limit the total amount of offices that could be developed on the site and the traffic assessment showed that most traffic would be generated if the whole site were developed for offices. The traffic assessment agreed as part of application 05/04833/OUT shows that an office development would add 444 vehicles to the local network during the morning peak. In advance of the construction of the Fixed Link, this is likely to lead to modest increases in the queues on all approaches to the junction 34S roundabout except Sheffield Road (north side). On this link, the queue is expected to more than double. However queues on this approach are presently very short and the increase is not considered to be sufficient to warrant a refusal of planning permission.

The Council’s Urban Traffic Control section monitors M1 junction 34(south) and adjusts signal timings to try and prevent queues. Queues do build up at times on the approaches to this roundabout, particularly on the motorway slip road in the morning peak and on Sheffield Road (south side) in the evening. The impact of this development will make this task more difficult, but UTC consider it will still be possible to operate the junction without causing serious disruption to the area. It can be concluded that this proposal will not increase the traffic generation over and above that already agreed by recent permissions issued on the site and that this can be adequately accommodated on the network. Further restrictions secured as part of this application, specifically the conditions that limit the maximum amount of offices that can be developed on this site, will mean that the traffic generation and impact will be less than that considered to be acceptable in the most recent consent 05/04833/OUT.

The Highways Agency has confirmed that they have no objections to planning permission being granted subject to the same conditions as were attached to the last permission covering the submission of travel plans, protection of the route of the Fixed Link, restrictions on the level of parking and controlling the traffic generation in accordance with the previously agreed formula being attached to this recommendation they also consider that any consent should be tied to a legal agreement requiring improvements to bus and pedestrian facilities and provision of a residents parking scheme, which are detailed further below.

The Sheffield and Rotherham Transport Study proposed a number of transport improvements in order to facilitate economic generation and the development of derelict sites in the Don Valley and to improve access for public transport and reduce congestion. One of these is the construction of the Fixed Link between Sheffield Road and Meadowhall Way which is intended to relieve pressure on junction 34S, improve the potential for public transport and provide access to

225 development land. At present it is envisaged that some element of public funding will be made available towards the construction of the Fixed Link, but some shortfall will exist. A bid for the Northern Bus Rapid Transit Route, of which the Fixed Link forms a key part, will be made to the Department for Transport. The Council is seeking a 90% contribution from the Department for Transport, with 10% to be found locally. The Council will not hear if the bid is successful until 2010/11. Although it is not considered to be necessary to require this development to provide this link, it is reasonable to ensure that the development of the site does not prejudice its construction. A condition is therefore proposed which will ensure that the proposed road alignment is not built on and the indicative layouts have taken this into account. It is not considered necessary for the developer to make a contribution to the Fixed Link given the previous consent which would have resulted in more traffic passing through junction 34S. In addition part of the site is being sterilised in order to accommodate the road and the applicant has indicated that the development would be unviable if further contributions had to be made.

There are bus stops along the site frontage and on the opposite side of Sheffield Road. In the order of 17 buses per hour currently stop in the vicinity of the site during the daytime and more during the peak hours. Sheffield Road is part of the Rotherham to Sheffield Quality Bus Corridor where bus preference measures, including the provision of ‘real time’ bus information within improved bus shelters, is to be introduced. The Meadowhall Transport Interchange is 5 minutes bus ride from the site, which provides many additional bus services along with Supertram and heavy rail connections.

The Tinsley Supertram stop is approximately 500m walking distance from the site along the canal towpath.

The applicant entered into a S106 agreement for the previous outline permission to improve access by public transport, improve pedestrian facilities and introduce a residents parking scheme if necessary. These measures were agreed with the Council and Highways Agency in conjunction with previous permissions to develop this site. The improvements comprise of the following;

Bus Preference Measures

The applicant has agreed to fund bus shelters, pedestrian crossing facilities on Sheffield Road and works to provide “real time” information to the new shelters. These facilities are not yet in place as the “real time” information funding is to be provided when the Passenger Transport Authority provides the other necessary equipment on the buses and at the control centre. The works will be funded to a maximum of £49,000. £35,000 has already been paid as part of the phase 1 development.

Pedestrian Improvements The applicant has agreed to carry out improvements to the surfacing and lighting of the canal towpath between the site and the Tinsley Supertram stop. It is hoped that this will help to encourage access to the site by Supertram. It will also benefit

226 residents of Tinsley who use the tram. £35,000 has been paid in conjunction with the phase 1 development and a scheme is being developed at the moment.

As part of the phase one development a pedestrian route was provided along the southern edge of the development connecting Sheffield Road with the canal towpath. A section of the canal towpath on the south side of the canal was improved with a tarmac surface. It is also intended that this path will be extended along the canal and river frontage with a link back to Sheffield Road in the vicinity of Ferrars Road as part of future phases of the development.

Residents Parking

In the event that the constraining parking on the development site results in commuter parking in the residential areas on the south side of Sheffield Road, the applicant’s will fund a residents parking scheme. A sum of £100,000 has been agreed on the basis of £25 per dwelling for a period of 5 years for approximately 700-800 houses within 400m of the site. A monitoring scheme will need to be agreed to establish whether the parking scheme goes ahead.

Variable Message Signing

In order to more effectively manage traffic on the main roads between junctions 33 and 34 and the outer ring road, a variable message signage system is proposed on the key routes. Given the additional traffic added by this development, the applicant has agreed to contribute to one sign to be provided on the Rotherham side of the site. A contribution of £20,000 has been agreed, which would be returned if a scheme has not been implemented within 10 years.

Section 106 Agreement

The applicant has agreed to vary the legal agreement attached to the last outline permission to secure contributions for the improvements listed above excluding those where the funding has already been provided as part of phase 1.

Site Access

The zones identified for the location of site access points are considered to be acceptable in highway safety and design terms. They take into account the future provision of the Fixed Link.

Design Considerations

Although this is an outline planning application with all matters of detail reserved, the government introduced changes to the planning system in 2006 which require more information to be submitted with outline applications, (Circular 01/06). Whilst the applicant is not seeking permission for the layout or design and external appearance they have to provide information on the amount of development proposed and show how this could be accommodated on the site. They must also provide information on the scale of the buildings and the design and access statement should put forward design principles that will be used to guide future

227 details of the scheme. Conditions can be used to limit the scale of the development and tie in some of the key principles in the design and access statement.

Some of the key design principles shown on the indicative layout which are enshrined in the design and access statement are:

- Buildings set back behind a wide landscaped strip adjoining the Sheffield Road frontage. - Breaks in the Sheffield Road built frontage to allow views to the green river and canal corridors. - Buildings positioned to reinforce the street frontages and to take into account the alignment of the Fixed Link. - Offices located on the street frontages with service areas screened by buildings. - A canal/riverside footpath connecting to the existing footpath and Sheffield Road. - A viewing/amenity area overlooking the confluence of the canal/river where the footpath connection along the river rises to meet the site level. - A landscape masterplan to guide the management of the riverside vegetation. - Smaller scale free-standing office building sited to address the Sheffield Road frontage and grouped with the other smaller scale office buildings. - Siting the industrial building that is nearest to the residential properties so that the building provides a buffer between the service yard activities and the residential properties. - Masonry walls to screen service yards in prominent locations. - Office buildings to match the high quality design of the phase 1 office buildings. - Illustrations to show the design quality and materials to be achieved in the industrial/warehouse buildings. The materials to include metal cladding, brick, small module rainscreen cladding, polyester powder coated aluminium curtain walling, windows and doors, loading doors to be colour matched to the building. Building colours to be selected from a limited palette of neutral colours. - Design techniques to be adopted to mitigate the visual bulk of the buildings. - Fences to be located 3m from the top of the riverside/canal where practical to minimise the visual impact from the canal/river corridor.

These design principles are sufficient to establish a framework for the future development of the site and will ensure that a reasonable quality development is achieved that will contribute positively to the character of the area.

Indicative site sections have been provided to show the scale of the proposed buildings relative to the residential accommodation on the south side of Sheffield Road. The taller buildings (15m high) have been located further away from the Sheffield Road frontage. It is considered that the scale of buildings proposed is acceptable for the site and would not have an unacceptable impact on adjacent residential occupiers. Given the width of the road and the wide landscape strip to the Sheffield Road frontage, it is considered that buildings up to 12m could be sited in this location without appearing too overbearing. Buildings over 12m high should

228 be set further back from the Sheffield Road frontage and a condition is proposed which would require them to be set back a minimum of 25m from the frontage, unless otherwise agreed in writing. The application is seeking permission for buildings up to approximately 90m long. It is considered that these would not appear excessively overbearing if the long elevations are orientated perpendicular to Sheffield Road as shown on the indicative plans. Therefore a condition is proposed that would limit the maximum length of elevation adjacent to and facing Sheffield Road to 60m, which accords with the details shown on the indicative layout plans.

Amenity Issues

The application site is noisy, primarily due to noise from traffic. The applicant’s noise predictions indicate that the increased noise generated by the additional traffic associated with the development of the whole site will be so small that it will not be audible above existing levels.

The south side of Sheffield Road opposite the site is a residential area. The phase one office scheme which has already been implemented, is located at the east end of the site opposite where most houses front directly on to Sheffield Road. It is likely that any additional offices will be located adjacent to this area, thereby minimising the potential for impact on adjoining residents. As stated above, the design and access statement includes a design parameter to site an industrial/warehouse at the west of end of the Sheffield Road frontage so that it acts as a buffer between the service yard and the housing area.

Along the rest of the Sheffield Road frontage housing is more intermittent; other uses include a mosque, public house and vacant land. Despite this and the high noise levels produced by traffic, there is still a significant risk that uncontrolled general industrial and warehousing uses could adversely affect the amenities of nearby residents. The noise assessment concludes that the site should be suitable for general industry and warehousing uses as there are many practical measures that can be taken to control noise at the detailed stage. These include, building orientation, the design of the building structure, the type and location of doors and glazing. As the future industrial/warehousing development is not known it is also proposed to set noise limits for general industry and warehousing development, which will ensure that residents are not disturbed by noise. Before any building can be occupied for such purposes a detailed noise assessment will need to be carried out in order to demonstrate that the occupier can operate within the specified noise limits. These controls will ensure that the amenities of local residents are adequately protected.

The current derelict state of the site blights the amenities of the area. The applicant has already landscaped the site frontage and repaved the footpath as part of the first phase of office development, which has significantly improved the appearance of the site. The phase1 office buildings are of a high standard of design and this will be continued if any further office buildings are developed on the site. Given the framework provided by the design and access statement there is no reason why a good standard of design quality cannot be maintained through future phases of industrial/warehouse development. It is therefore considered that

229 provided the appropriate controls are in place to prevent disturbance from the B2/B8 uses, the scheme should significantly lift the physical environmental quality of the area.

Flood Risk

The site lies in flood zone 1 as it is raised considerably above the adjoining river level and generally 4-6m above the 1 in 100 year flood levels plus climate change. The main concern is therefore that surface water run off from the development does not worsen flooding elsewhere.

Up until the 1970s when the former steel works were demolished the site would have been almost 100% hard surface with run off direct to the River Don. From the 1970s to the present day there will have been very little run off to the River Don.

The Environment Agency has raised no objections to the applicants flood risk assessment. This is subject to the development being carried out in accordance with the flood risk assessment and subject to finished floor levels being set a minimum of 600mm above the 1 in 100 year level in the River Don which is 30.7m above Ordnance Datum. The site levels are between 35.5m and 38.0m above Ordnance Datum.

In terms of surface water run off, the Environment Agency consider that planning permission should not be granted unless a scheme for the provision and implementation of a surface water run-off limitation to reduce the discharge from the site by 30% has been submitted to and approved by the LPA. This takes into account the fact that the site was previously hard surfaced but also reduces run off to in order to reduce the risk of flooding elsewhere. A condition is proposed that will secure this, which is also consistent with Core Strategy policy CS67 referred to above.

Air Quality

The whole of Sheffield’s urban area including the application site lies in an Air Quality Management Area for nitrogen dioxide (NO2). The main impact of the development is likely to come from the traffic generated by the site.

The annual mean (NO2) objective is 40 (ug m3), to be complied with by 2010. Background air quality monitoring shows at locations close to the motorway that the background levels already exceed the objective. However, at locations closer to the site at Sheffield Road and Ferrars Road, the levels are below the annual mean objective.

The total floor space that can be developed is to be governed by a formula in the transport assessment that will control the total amount of traffic. The air quality has been assessed on the basis of a worst case scenario of maximum total traffic and maximum HGV movements, for a scheme of 29,500 sqm of warehousing (B8) development. This is greater than would be allowable under this consent which limits the maximum floor area to 23,850 sqm.

230 Modelling carried out as part of the pervious application shows that the development is predicted to result in a maximum increase in NO2 levels of 0.7 ug m3. The maximum increase is expected to be close to the site where the background levels are lower, that is Sheffield Road and Ferrars Road. At Sheffield Road the background concentrations are predicted to increase from 38.0 (ug m3) to 38.7 (ug m3) and at Ferrars Road from 36.3 (ug m3) to 37.0 (ug m3). Nearer the motorway, where background concentrations already exceed the air quality objective, the predicted concentration from the development is expected to be 0.13 (ug m3). In the worst case this would increase the background concentration at Town Street from 50.0 (ug m3) to 50.1 (ug m3). Based on the assessment it is concluded that there would not be a breach, or significant worsening of a breach, of the Air Quality Objective and it would not significantly undermine the implementation of actions within the Air Quality Action Plan or air quality strategy. However, the increases in NO2 will not make it any easier to meet the air quality objectives.

The applicants are proposing in mitigation that 10% of parking serving the B2/B8 units is reserved for low emission vehicles. The travel plan conditions will also help to minimise vehicle emissions by promoting access to the site by means other than the private car. The applicants also argue that the development will facilitate the construction of the Fixed Link, which will reduce traffic congestion and vehicle related emissions from the M1 Junction 34 where highest annual mean concentrations of NO2 are measured. However, if additional highway capacity is provided in the area the overall level of traffic may increase along with emissions.

It is considered that whilst the development will marginally worsen NO2 emissions this is not sufficient basis to justify resisting the application particularly given the benefits of regenerating this vacant site and the local employment and economic benefits.

Archaeology

An archaeological assessment was carried out prior to the phase one reclamation works being implemented. This concluded that the site had low archaeological potential. Consequently it was considered that no archaeological mitigation measures were justified.

Length of permission

The applicant has requested that planning permission is granted for 10 years because the economic downturn may mitigate against the site being fully developed in the short and medium term. The applicant also argues that the periodic submission of planning applications is wasteful of resources and could give uncertainty to the regeneration objectives and other aspirations such as the construction of the Fixed Link.

In 2005 the Government reduced the duration of planning consents in order to encourage developments to take place at an early stage. Normally an outline consent allows 3 years to submit reserved matters with a further 2 years to implement the permission. Circular 08/2005 states that local authorities have the

231 flexibility to make this period longer or shorter. It recommends that Local Planning Authorities are flexible and designate a period appropriate to the size and nature of the development. It is therefore recommended that the applicant is given 5 years to submit reserved matters and a further 2 years to implement the permission, 7 years overall. This extended period reflects the current economic climate and the scale of the site but also allows the permission to be reviewed in a reasonable period so that changing circumstances can be taken into account. For Members information, the River Don Development and Airport Business Park, which are much larger sites, were given 10 year consents and the Retail Quarter was a 7 year consent.

RESPONSE TO REPRESENTATIONS

A resident has raise concerns about noise disturbance if businesses operate 24 hours. The noise conditions which have been agreed with the applicant and Environmental Protection Service should ensure that noise should not exceed existing background levels. Therefore there is no need to limit the hours of operation as the development should not increase noise disturbance.

The comments raised by British Waterways and Sheffield Wildlife Trust relating to landscaping and design are more appropriate to consider at the reserved matters stage. However, some of the issues relating to native planting are already covered in the landscape design framework.

SUMMARY AND RECOMMENDATION

This application is effectively a renewal of a 2006 permission to develop the site for industrial warehousing and business uses. The industrial and warehousing uses are in accordance with policy. Since the previous approval the Core Strategy has been approved; it is stricter on the location of offices and this site is not promoted for offices. However, it is considered that the office element can still be supported given that the floorspace is restricted to protect the city centre as the primary focus for offices and also taking into account the accessibility of the site and the previous consents to develop the whole site for offices.

The proposal scores well against the Council’s sustainability criteria and conditions are proposed to ensure the detailed design will meet the Council’s latest sustainable design policies, subject to feasibility and viability tests.

The site is accessible by public transport and walking and cycling and conditions are proposed to ensure the parking provision will be consistent with the Council’s policies. Improvements to the sites accessibility by public transport, walking and cycling have also been secured. The transport assessment shows that the site can be accessed safely and the provision of the Fixed Link has been taken into account.

The applicant has reasonably demonstrated that the scale of development proposed can be accommodated on the site in a satisfactory way and that the design and access statement will provide a satisfactory framework for the future development of the site. The development will significantly improve the

232 appearance of this vacant site and the riverside footpath will be of general benefit to the area. There are conditions in place which will safeguard residential amenity from potential noise impact.

This scheme has the potential to provide significant employment opportunities which will be of benefit to the Tinsley community. It is therefore concluded that there are no planning reasons to justify opposing this proposal and it is recommended that planning consent be granted.

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