Sheffield City Council Place Report to City Centre

SHEFFIELD CITY COUNCIL PLACE

REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 13/09/2010 AND HIGHWAYS COMMITTEE

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

CONTACT POINT FOR Trevor Sullivan TEL 0114 2734369 ACCESS Kate Mansell NO: 0114 2736141

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

10/02607/CHU The Mount (Flockton Block) 6 Glossop Road Sheffield S10 2QA

10/02512/CHU 88 Headford Street 12 Sheffield S3 7WB

10/02317/FUL 438 And 438A Abbeydale Road 19 Sheffield S7 1FQ

10/02153/FUL 5 Lees Hall Avenue 29 Sheffield S8 9JE

10/02143/FUL Land Adjacent 21 Maltby Street And Bordered By 35 Brompton Road And Gerald Street Maltby Street Sheffield

10/02132/FULR Land Between 62 And 62A 54 Dore Road Sheffield

10/02076/FUL Land Adjacent Damons 63 Sevenairs Road Sheffield

10/02067/FUL 8 Stretton Road 99 Sheffield S11 8UQ

10/01929/FUL 29-31 Campo Lane 104 Sheffield S1 2EG

10/01877/FUL 23 Albany Road 109 Nether Edge Sheffield S7 1DN

10/01672/CHU 455 Glossop Road 120 Sheffield S10 2PT

10/00787/CHU 100-106 John Street (part) 129 Sheffield S2 4QU

09/02704/OUT Site Of Former Jacobs Manufacturing Co Ltd 136 Troutbeck Road Sheffield S7 2QA

4 5 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: 13/09/2010

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 10/02607/CHU

Application Type Planning Application for Change of Use

Proposal Use of Office (Class B1) for Education Use (Class D1) (retrospective) for a temporary period

Location The Mount (Flockton Block) Glossop Road Sheffield S10 2QA

Date Received 04/08/2010

Team SOUTH

Applicant/Agent DTZ

Recommendation Grant Conditionally

Subject to:

1 The D1 use hereby approved shall cease on or before the 31 May 2018, at which point the use shall revert to B1 Office Use unless otherwise agreed in writing by the Local Planning Authority.

In order to define the consent.

2 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the premises shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class D1.

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

3 The Education Use shall be used for the approved purpose only between 0830 hours and 1700 hours on Mondays to Saturdays, and at no time on Sundays and Public Holidays.

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

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

Drawing Numbers - 3157/01 (Rev 1), 3157/02, 3157/03 and 3157/04

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Yorkshire and Humber Plan, (also taking into account the Secretary of State's, stated intention to abolish Regional Strategies) the Sheffield Development Framework and the Unitary Development Plan set out below:

BE19 - Development affecting Listed Buildings H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas CS3 - Locations for Office Development

The proposal would be considered to have an acceptable impact upon the residential character of the area and the amenities of householders within the vicinity. It would have an acceptable impact upon the character of the listed building. Appropriate levels of parking would be provided, resulting in an acceptable impact upon highway safety.

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

7 Site Location

LOCATION AND PROPOSAL

The application site is located at the junction of Glossop Road with Newbould Lane. It is designated as being within a Housing Area under the provisions of the Unitary Development Plan, but is within short walking distance from Broomhill District Shopping Centre.

The building in question is a Grade II* Listed Building, and covers 4 floors. It is located within Broomhill Conservation Area.

Previously the building was used as an office (Use Class B1), but was unoccupied for a period of 5/6 years. Approximately one year ago an Education Use (Use Class D1) began in the building, and the current application seeks retrospective consent for this use. The consent sought is for temporary consent, until 31 May 2018, at which point the D1 use would cease and the use would return to the B1 use.

RELEVANT PLANNING HISTORY

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

SUMMARY OF REPRESENTATIONS

Following neighbouring notification, no written representations have been received.

PLANNING ASSESSMENT

The application site is located in a Housing Area under the Unitary Development Plan. Policy H10 of the UDP states that D1 uses are acceptable in housing areas, subject to the requirements of Policy H14 being met.

Policy H14 states that applications for changes of use will be acceptable, amongst other things, where; appropriate off-street parking would be provided, it would occupy only a small area and not lead to a concentration of non-housing uses, not lead to air pollution, noise, smell, excessive traffic levels or other nuisance and be on a scale consistent with the residential character of the area or meet primarily local needs.

The proposal involves no alterations to the Listed Building, so consent relating to these matters is not required. However, Policy BE19 of the Unitary Development Plan covers Listed Buildings and requires proposals for change of use to preserve the character of the building. Since, no alterations are being made to the building the proposal is considered to have at least a neutral impact on the character of the building. In some senses the continued use of the building would lead to closer maintenance of the building and its fabric, and could therefore be argued to have a positive impact.

9 Policy CS3 of the Sheffield Development Framework Core Strategy is relevant to the proposal. It deals with ‘Locations for Office Development’ and states that at least 65% of total office development in the city should be within the city centre and at its edge. The site is beyond the edge of the city centre. As such the proposed change from B1 Office to D1 Education Use for an eight year period would be seen positively in light of this policy. The reversion to a B1 use after this period would not be in keeping with this policy. Having said this any reversion at that point would be less detrimental to the policy’s objective than refusing the current application and requiring the unauthorised D1 use to vacate the premises, leaving the premises as a B1 use. Therefore, whilst the reversion to B1 after eight years would not fully accord with this policy, it is considered that this would not form a sound basis for a reason for refusal.

Character of Area and Amenity Issues

The building’s authorised class B1 use, is clearly non-residential. Therefore the proposed change of use would not act to further dilute the residential character of the locality or create a concentration of non-housing needs. Indeed, a considerable proportion of the surrounding buildings are Education establishments, and therefore the proposed use would be in keeping with this part of the locality’s prevailing character.

The education use which is currently operating in the building is a language school; including classrooms, one-to-one training rooms, a self study centre, a common room, a games area, a computer suite and a coffee bar. The building is quite isolated from the nearest residential dwellings and is in itself a solidly built construction. In addition the nature of the proposed use is very limited in terms of the levels of noise generated within the premises.

The proposed hours of usage are 08:30 to 17:00 Mondays to Saturdays, with no opening on Sundays. Thereby avoiding times which may conflict with normal residential lifestyles.

Overall, it is considered that the proposed use would not conflict with the residential character of the area, or harm the amenities of neighbouring occupiers due to impacts of noise or any other nuisance.

Highways Issues

In relation to the highways implications of the proposal there is considered to be ample parking provisions available. The basement parking provision is available for use, as is a portion of the ground level parking. This would only be required for staff, as students are overseas based and would be most likely to not have access to a personal vehicle. The site is located within walking distance of Broomhill Shopping Centre and sustainably located in regards to public transport facilities. Overall the proposal is considered to be acceptable in terms of its implications upon highway safety.

10 SUMMARY AND RECOMMENDATION

The application relates to an existing Grade II* Listed Building and retrospectively seeks consent to continue to use it for Educational purposes (class D1) for a period until 2018, at which time the use would return to the authorised B1 use. The proposal would be considered to have an acceptable impact upon the residential character of the area and the amenities of householders within the vicinity. It would have an acceptable impact upon the character of the Listed Building. Appropriate levels of parking would be provided, resulting in an acceptable impact upon highway safety.

As such the proposal would be considered to satisfy the requirements of UDP Policies H10 and H14. The proposal would not have a detrimental impact in relation to the objectives of Core Strategy Policy CS3.

Overall the proposal is considered to be acceptable, and as such is recommended for conditional approval.

Case Number 10/02512/CHU

Application Type Planning Application for Change of Use

Proposal Application under Section 73 to vary condition 2 (to extend opening until 0200 hours the following day on any day) as imposed by 09/00217/CHU

Location 88 Headford Street Sheffield S3 7WB

Date Received 26/07/2010

Team CITY CENTRE AND EAST

Applicant/Agent Eighty Eight Ventures Ltd

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the 30th June 2009.

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

2 The cafe shall be used for the above mentioned purpose only between 1200 hours and 0200 hours the following day on any day, until 13th September 2011 and thereafter shall be used between 1200 hours and 2400 hours.

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

3 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.

4 No intensification of cooking facilities beyond those detailed in the information received by email on 01/06/2009 shall occur without prior written approval of the Local Planning Authority.

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

12 5 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.

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

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

Attention is drawn to the following justifications:

IB9 - Conditions on Development in Industry and Business Areas The City Centre Living Strategy Interim Planning Guidance on Night Time Uses

It is considered that the extension of opening hours from 1200 hours to 2400 hours to 1200 hours to 0200 hours the following day on any day is acceptable and will not have a detrimental impact upon users of the area or the amenities of nearby residential property in accordance with Policy IB9 of the UDP, the CCLS and the Interim Planning Guidance on Night Time Uses. However, an outstanding permission exists for residential accommodation in close proximity to the site and planning permissions for residential developments adjacent and opposite the site have recently expired. The opening hours may not be acceptable if the residential scheme at 85-95 Headford Street is implemented and could also affect the potential future development of surrounding sites. Therefore it is recommended that permission is granted on a temporary basis for a period of 1 year. Following this if permission is sought to continue trading at the new hours an updated assessment will be made.

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

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

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 1 and 3-6 were imposed by planning permission No. 09/00217/CHU and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

14 Site Location

LOCATION AND PROPOSAL

The application relates to a semi-detached building located in close proximity to the junction of Headford Street and Hodgson Street. The area is allocated as a Fringe Industry and Business Area in the adopted Sheffield Unitary Development Plan.

The street scene is varied, containing predominantly commercial properties of varying design and size. However planning permission has been granted for mixed use schemes with residential accommodation directly opposite the site and adjacent to the site, although two of these permissions have since lapsed.

Permission was granted for a change of use to a café through application 09/00217/FUL and included a condition limiting opening hours to 12:00 to 24:00 hours on any day. Permission is now sought to vary this condition to allow opening hours from 12:00 to 02:00 hours on any day.

RELEVANT PLANNING HISTORY

09/00217/CHU – use of building as café granted conditionally

83/01566/FUL – extension to form toilet facilities – granted

SUMMARY OF REPRESENTATIONS

One letter of representation has been received from a business on Moore Street; the main points raised are outlined below –

- Doesn’t understand why a café selling cold sandwiches and hot and cold drinks would need to stay open this late - The café generates litter, including alcoholic and non alcoholic bottles, making the area an eyesore - The area is an alcohol exclusion zone

PLANNING ASSESSMENT

The site is located in a Fringe Industry and Business Area and therefore subject to assessment under policy IB9 of the UDP which states amongst other things that development should “not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions”.

The City Centre Living Strategy (CCLS) adopted in 2004 is also relevant in this instance. Guideline 10 of the CCLS aims to ensure that residential amenities are not detrimentally affected by the opening hours of A3 uses (now A3, A4 and A5 uses). However, the CCLS pre-dates the change in licensing laws and therefore, subsequent to that document, an Interim Planning Guidance on Night Time Uses was adopted by the Council in 2005 and recognises that cafes, pubs and restaurants can enliven town centres, but they can also have negative impacts in terms of anti-social behaviour and impact upon residential amenities. The policy sets two zones, Broomspring and Heart of the City, where opening hours of

16 drinking establishments, nightclubs and takeaways should be controlled to 12:30 hours in order to protect residential amenity. The applicant site falls within the Broomspring Area. However, as it is an A3 use, the time limit does not apply and any restrictions on time should be judged on a case by case basis taking into account the impact on residential amenities and the effect on people who use the area.

The use of the premises is the same as previously approved i.e. a café, with the only proposed alterations being to the opening hours. It is acknowledged that late night opening hours can have a detrimental impact upon the living conditions of nearby residential properties owing to noise arising from people arriving and leaving the premises, people standing outside talking and people arriving by cars. In this instance, the impact of the late opening hours on other users of the area is likely to be minimal as the area is predominantly industrial/commercial and therefore workers are unlikely to use the area during the late evening.

The nearest residential properties are currently sited approximately 130 metres to the North of the site; this distance is considered to be adequate to ensure that the extension of opening hours would not have a detrimental impact upon the amenities of these residents. However, planning permission has been granted for residential apartments at three separate sites immediately opposite and adjacent to the site. The permission for the land adjacent to the site expired in 2009 and was not implemented. Similarly the permission for land opposite at 83 Headford Street expired in 2009 and was not implemented. Part of the permission at 85-95 Headford Street (06/02892/FUL) has been implemented although only two floors have been constructed and these contain office uses. However, residential accommodation above could still be constructed (permission expires 2011) and it is also possible that permission may be sought again for residential apartments on the sites aforementioned.

In summary, at present the proposed alterations to opening hours will have minimal impact upon nearby residential properties owing to adequate separation distances. However, if the rest of the mixed use development at 85-95 Headford Street is implemented, this may no longer be the case. Additionally, the opening hours may restrict the potential development of immediately adjacent sites. Therefore a temporary permission of 1 year is proposed in order to allow the situation to be reassessed at the end of this period.

RESPONSE TO REPRESENTATIONS

- It is not considered that the alteration to opening hours will lead to increased litter - The above report has assessed the impact of the later opening hours on the surrounding area. However, the planning system cannot assess whether or not the late opening hours are actually needed

17 SUMMARY AND RECOMMENDATION

This application seeks to vary Condition 2 of 09/00217/CHU to allow the extension of opening hours of the café at 88 Headford Street from 12:00 hours to 24:00 hours to 12:00 hours to 02:00 hours on any day.

It is concluded that the proposed extension of hours of the café is acceptable in this instance and will not have a detrimental impact upon the amenities of users of the area or nearby residential property as the area is currently predominantly commercial with the nearest current residential premises at an adequate separation distance of 130 metres. This is in accordance with Policy IB9 of the UDP, the CCLS and Interim Planning Guidance on Night Time Uses.

However, an outstanding permission exists for residential accommodation in close proximity to the site at 85-95 Headford Street and planning permissions for residential developments adjacent and opposite the site have recently expired. The proposed extension to opening hours may not be acceptable if the residential scheme at 85-95 Headford Street is implemented and it could also affect the potential future residential development of surrounding sites. It is therefore recommended that permission is granted on a temporary basis for a period of 1 year. Following this period, if permission is sought to continue trading for the extended hours an updated assessment will be made at that time with due regard to the amenity of the locality.

On the basis of the above, it is recommended that the proposed extension of hours for the café to operate between 1200 and 0200 on any day is approved for a temporary period of one year, expiring on 13th September 2011.

Case Number 10/02317/FUL

Application Type A Full Planning Application

Proposal Alterations to building for use as restaurant with ancillary takeaway facility including single-storey rear extension, provision of new shop front, roller shutter, rear extraction flue and rear external stairway to provide access to first-floor flat

Location 438 And 438A Abbeydale Road Sheffield S7 1FQ

Date Received 23/07/2010

Team SOUTH

Applicant/Agent Stuart Fenton-Coopland

Recommendation Grant Conditionally

Subject to:

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

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

2 The design of the proposed external flue is not approved. 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.

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

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

19 4 The roller shutter shall not be installed until full details thereof have been submitted to and approved in writing by the Local Planning Authority. Notwithstanding the approved plans, the details shall include measures to conceal the shutter housing behind the shop front façade.

In the interests of the visual amenities of the locality.

5 The restaurant shall not be used unless a self-closing mechanism has been fitted to the kitchen door on the rear elevation. Thereafter the self-closing mechanism shall be retained and permitted to operate as intended.

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

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

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

ii) any octave band centre frequency by more than 3dB when measured as a 15 minute Leq, when measured at the façade of .

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

7 The restaurant shall not be used unless sound insulation has been provided between the restaurant and the first floor flat in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority. Such sound insulation shall be capable of achieving the following noise levels:

Bedrooms: LAeq 15 minutes – 35 dB (2300 to 0700 hours), Living Rooms: Laeq 15 minutes – 45 dB (0700 to 2300 hours).

Thereafter the sound insulation shall be retained.

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

8 The restaurant shall be used for the above mentioned purpose only between 11:00 hours and 00:00 hours on any day.

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

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

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

10 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 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.

Attention is drawn to the following justifications:

UDP and Core Strategy Policies

S7 (Development in District and Local Shopping Centres) S10 (Conditions on Development in Shopping Areas) BE5 (Building Design and Siting) BE7 (Design of Buildings Used by the Public) CS39 (Neighbourhood Centres)

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

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

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

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

Section 4 sets requirements for access to, and facilities at, premises. Section 7 requires a notice or sign to be displayed, indicating that provision is made for the disabled.

If you require any further information please contact Brian Messider or Simon Ovendon on Sheffield 2734197.

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

22 Site Location

LOCATION AND PROPOSAL

The application relates to a vacant retail shop unit in a small parade of shops close to the junction of Abbeydale Road with Sheldon Road. The parade comprises a former bank (vacant), the application site (vacant), a ladies gym with ancillary café (Miss Fitness), and a retail shop (Trendz). A buider/gardening supplier operates from an open yard at the end of the parade (adjoining Trendz). There are flats above Miss Fitness (adjoining 438) and Trendz. There is vacant living accommodation above the application site.

There is a large yard with covered parking to the rear of the shop unit which appears to belong to the former bank (No 440-442) but provides a right of way to the rear of the application site. The yard area is not included in the boundary of the application proposals. Access to the yard is from Sheldon Road and is gated. The side elevation and rear garden of a dwelling at 80 Sheldon Road adjoins the access and yard. On the opposite side of Abbeydale Road is an area of Open Space close to the junction with Broadfield Road.

The application is to provide a restaurant with seating for 40 diners. A take-away facility may be operated but this will not involve a counter service or deliveries. The proposed opening hours are 11:00 – 00:00 hours daily.

The proposals also include a small rear extension at the side of the existing two storey off-shot. The extension will provide a wc for people with disabilities. A flue is proposed to be provided to the rear of the unit and will run up the external wall of

24 the off-shot. An external stairway is proposed to provide independent access to the first floor flat. The existing timber shop front is proposed to be replaced with a upvc shop front of similar design.

RELEVANT PLANNING HISTORY

Planning permissions were granted in 1995 and 1996 for a take-away and a bistro, respectively. The permissions restricted the uses solely to a ‘bistro’ (28 covers) and take-away, respectively and restricted the opening hours to 09:30-16:30 and 18:30-23:30 (Mon-Fri) and 09:00-23:30 (Sat/Sun).

There is no evidence that the permissions were ever implemented.

Planning permission for the adjoining gym/ancillary café was granted in 2009 (ref 09/01022/FUL). Restrictions on the café prevent opening beyond 21:00 hours.

SUMMARY OF REPRESENTATIONS

A letter of objection has been received from a neighbour in Sheldon Road. The objection is on the grounds of noise, air pollution and anti-social behaviour. The objector is concerned about his young family who need privacy and he feels they should not be exposed to noise from a commercial outlet in addition to existing traffic noise.

The new owner of the former bank adjoining the site has made representation. Reference is made to the debris at the rear of the premises created by the last tenant of the shop unit and states that delivery trucks or waste disposal/collection will not be accepted over the adjoining property. There is no objection if collections and deliveries are made to the front of the property.

PLANNING ASSESSMENT

Land Use Policy

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

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

UDP Policy S10 (Conditions on Development in Shopping Areas) seeks, amongst other things, to preserve the dominance of retail uses within LSC’s shopping centres in order to protect the primary shopping function. The Abbeydale Road

25 LSC covers a wide area and assessment of dominance must be carried out over its entire length. At present, retail uses occupy approximately 67% of the LSC. The small parade in which the application site is located compises two retail units (Class A1), a bank (Class A2), a gym/café (Class D2/A3) and a builder’s supplier (sui generis). 2 of the 4 units are vacant.

In the SDF Draft Proposals Map, the existing LSC is proposed to be fragmented to form 4 much smaller Neighbourhood Centres with other parts being designated for Housing and Flexible Uses. The application property will be part of the Neighbourhood Centre proposed over a distance of approximately 350m and including shopping frontages from the site adjoining the Abbeydale Picture House to a point roughly opposite Gatefield Road.

In terms of the balance of uses within the LSC as a whole, retail uses exceed 50% of the area and the proposed change of use therefore complies with UDP Policy S10(a). Little weight can be given to the balance of uses in the proposed Neighbourhood Centre policy area at this stage of the SDF adoption process although retail uses will continue to dominate based on present figures.

Residential Amenity

The key amenity considerations are concerned with occupiers of the flats above the shop units and occupiers of the nearest dwellings. The nearest dwellings are in Sheldon Road, Broadfield Road and Abbeydale road (approximately 40m from the site).

There is adequate separation to the dwellinghouses in Abbeydale Road, Sheldon Road and Broadfield Road to prevent disturbance associated with customers arriving and leaving the restaurant. The flats above the shop units cannot expect the same level of residential amenity as those in Housing Areas. Nevertheless, a reasonable level of internal amenity should be maintained due to sound insulation that has been provided to the flats above Miss Fitness as part of the gym/café development and with similar insulation to the flat above the proposed restaurant. This can be secured by condition.

It is unlikely that restaurant users will park in Sheldon Road due to the limited space available. There is on-street parking in Abbeydale Road outside peak hours, including directly outside the site. This should prevent regular dispersal of customers through the adjoining neighbourhood after leaving the restaurant and adequate amenity should therefore be retained. In this location, the proposed closing hours (midnight) are considered acceptable

Details of the proposed location of the extraction flue have been submitted. The flue will run up the rear wall of the existing two-storey off-shot. Minor alterations to the design of the flue are required but the principle of the flue in this location is acceptable in terms of odour control. It will have no presence in the street scene.

There is potential for noise and odours from the kitchen area due to the door which opens onto the rear yard. If the door remains closed there will be no problems. This is difficult to control but conditions can be attached to ensure a self-closing

26 device is fitted. Further restrictions on deliveries and movement of waste can be conditioned to minimise activity in the rear yard area. Notwithstanding this, the approximately 2.5m high brick boundary wall should provide an adequate buffer to activity affecting the rear of the dwelling at 80 Sheldon Road.

The proposed external stairway will not overlook the dwelling in Sheldon Road and a reasonable level of privacy will be maintained in the rear garden area. No other dwellings are affected.

Bin storage has not been shown on the plans but there is adequate space available to the rear of the property.

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

Inclusive Access

Suitable facilities are capable of being provided for people with disabilities. The proposals include toilet facilities and level access into the shop unit can easily be achieved. Details can be conditioned to comply with UDP Policy BE7 (Design of Buildings Used by the Public).

Shop Front

The existing shop front is in poor condition. There is a range of treatments in the parade and the proposed upvc shop front is considered acceptable in this location. Although a roller shutter is included in the application, full details have not been submitted. There is an existing roller shutter to the recessed entrance door. The new shop front provides an opportunity to integrate the shutter housing behind the face of the shop front. Details can be conditioned.

Rear Extension

The proposed rear extension is well designed and will infill the area between the existing off-shot and a similar single-storey extension to the rear of the adjoining unit. The extension will have no adverse effect on any property and will not be visible in the street scene. The extension therefore complies with UDP Policies BE5 (Building Design and Siting) and S10(d).

Highway Issues

There is no off street parking to serve the shop unit. Parking restrictions in Abbeydale Road only operate during peak periods. Demand is likely to be generally outside these hours when parking will be available directly outside the unit. Customers are unlikely to park in Sheldon Road due to the limited space normally available. In addition, the site is easily accessible by public transport. Deliveries to the restaurant are not expected to be any more frequent than those associated with most retail uses.

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

SUMMARY AND RECOMMENDATION

The proposals involve the loss of a vacant shop unit but will not undermine the dominance of the preferred retail (Class A1) uses within the Local Shopping Centre. Adequate residential amenity can be maintained for adjoining occupiers, there is scope to provide inclusive access and there is adequate on street parking for customers at the anticipated busiest times. The proposals therefore comply with the quoted UDP policies and it is recommended that planning permission is granted subject to appropriate conditions.

Case Number 10/02153/FUL

Application Type A Full Planning Application

Proposal Use of premises as a café and extending opening hours from 1100 hours to 2200 hours Mondays to Saturdays and closed on Sundays and Public Holidays to 0800 to 2200 hours Mondays to Saturdays and 0900 to 1800 hours Sundays and Bank Holidays (Application under Section 73 to vary condition 2 of planning permission 00/00732/FUL) (Amended proposal)

Location 5 Lees Hall Avenue Sheffield S8 9JE

Date Received 28/06/2010

Team SOUTH

Applicant/Agent Mr S Yards

Recommendation Grant Conditionally

Subject to:

1 The development must be begun not later than the expiration of three years from the 25th September 2000.

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

2 The café shall be used for the above-mentioned purpose only between 0800 and 2200 hours, Mondays to Saturdays and between 0900 hours and 1800 hours on Sundays and Public Holidays.

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

3 The deliveries shall be restricted to between 1100 hours and 1800 hours, Mondays to Saturdays, with no deliveries on Sundays or Public Holidays.

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

Attention is drawn to the following justifications:

29 1. The decision to grant permission and impose any conditions has been taken having regard to the relevant policies and proposals from the Yorkshire and Humber Plan, (also taking into account the Secretary of State's, stated intention to abolish Regional Strategies) the Sheffield Development Framework and the Unitary Development Plan set out below:

H14 - Conditions on Development in Housing Areas

It is considered that the extension of hours would be acceptable as there is no late evening opening over and above that already allowed. The additional hours of opening would be in the morning and during the day on Sundays and Bank Holidays which would not cause unacceptable disturbance and would not conflict with Policy H14 of the adopted Unitary Development Plan.

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 1 and 3 were imposed by planning permission No. 00/00732/FUL and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

30 Site Location

INTRODUCTION

Members will recall that this application was deferred from the 23 August Committee to allow officers to clarify the precise details of the application in light of the representations made by the applicant at the Committee. The description of the application has changed and the details of this are set out in the next section. Your officers have also re-consulted neighbours on this revised proposal.

31 LOCATION AND PROPOSAL

The application site consists of a shop unit that was used as a hot food takeaway within a short parade of retail uses fronting on to Lees Hall Avenue, close to the junction with Upper Albert Road. All surrounding uses are residential with houses directly opposite the site and a flat above the Post Office. The applicant has, very recently changed the use of the premises to a café, which is now the authorised use. This change is permitted without the need for planning permission.

This application proposes a variation of condition 02 attached to planning consent no 00/00732/FUL. This condition limits the hours of opening to between 11.00 and 22.00 hours Mondays to Saturdays with no opening on Sundays and Bank Holidays. The applicant originally proposed an extension of this by way of an earlier start of 07.00 hours with opening of the extended hours to include Sundays and Bank Holidays as well. However, this has now been revised to 08.00 hours to 22.00 hours Monday to Saturday and 09.00 hours to 18.00 hours Sundays and Bank Holidays, at the applicant’s request.

RELEVANT PLANNING HISTORY

00/00732/FUL. Change of use to hot food takeaway granted on 25.09.00. 01/00735/FUL. Variation in opening hours until midnight refused on 09.04.01. 02/00811/FUL. Variation in opening hours until 23.00 hours Mondays to Thursdays, 23.30 hours Friday and Saturday and 18.00 to 22.00 hours Bank Holidays and Sundays refused on 20.08.02. 03/04126/FUL. Alteration of delivery times to extend to 22.00 hours refused on 03.02.04. 04/03945/FUL. Extension of opening hours until 23.00 hours and opening on Sundays and Bank Holidays refused on 03.12.04. 07/04456/FUL. Deliveries to be made until 22.00 hours granted on 19.02.08.

SUMMARY OF REPRESENTATIONS

Two rounds of consultation have been carried out, the first being on the original proposal for a hot food takeaway and the second being on the revised hours and change of use to a café.

First Round.

Twelve letters of objection have been received, setting out the following areas of concern.

There are existing problems related to on street parking demand and deliveries to the foodstore and this application would make the situation worse.

Deliveries to existing shops start early in the morning which result in noise and disturbance. This application would make the overall situation worse by opening all week.

Noise and litter problems in the evening would be made worse.

People congregate outside the site already and, if open every day, would mean there would be no respite from this.

The applicant states that the Post Office opens on Sundays and Bank Holidays, implying that this is for the whole day. It is not and it closes at 10.30 am.

One letter of no objection has been received.

Second Round.

At the time of writing this report, one representation had been received in the form of a letter of support. Any additional representations will be reported to the Committee in a supplementary report.

PLANNING ASSESSMENT

Policy

The site has an authorised planning consent for a hot food takeaway (A5). Under planning regulations, it is possible, under permitted development to change the use to a café (A3) and this change has occurred. The adopted Unitary Development Plan (UDP) shows that the site lies within a Housing Policy Area and Policy H14 says that the amenities of neighbours should not be harmed by new development. In this instance the term ‘development’ refers to the alteration to the hours of use controlled by condition 02 of planning consent 00/00732/FUL. This is considered to be the single most important issue with this application.

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

Potential Detrimental Impact on the Amenities of Neighbours

The original application to allow a change of use to a hot food take away was granted with tight restrictions on opening hours to ensure that neighbours, particularly those living opposite, were not disturbed by noise associated with opening late at night or on quieter days. Since the original decision was taken, there have been three applications to extend opening times refused because they would harm the amenities of neighbours.

At the time of the submission of this application, there had been no material changes affecting the site since that earlier decision and it is considered that the later opening hours to 22.00 hours and opening until this time on Sundays and Bank Holidays would have unacceptably affected neighbours’ amenities by way of additional noise and disturbance. This would have been contrary to Policy H 14 of the adopted UDP which resulted in the original recommendation for refusal.

The applicant has since amended the application, confirming that the authorised use is now a café and the hours of opening have been altered to 08.00 to 22.00 hours Monday to Saturday and 09.00 to 18.00 hours Sundays and Bank Holidays.

33 For Mondays to Saturdays the only change is the earlier opening in the morning and, given the levels of activity at the local shopping centre, it is considered that this earlier opening would not harm neighbours’ amenities. Currently, there is no opening on Sundays or Bank Holidays and it is now proposed to open between 09.00 and 18.00 hours. There would be some additional activity during the day time but this is unlikely to affect the quality of life of neighbours. The main concern with the previous hours proposal was the late evening opening on Sundays and Bank Holidays but this is not now applied for.

It is considered that the extension of hours, as amended, for the café would not cause harm to the amenities of neighbours so there is no conflict with Policy H14 of the UDP.

Additional Traffic

Neighbours have said that there are problems with existing parking and deliveries associated with other uses in the shopping parade, as well as the application site. Although there would be a limited increase in vehicle movements, it is considered that these would not be enough to merit a second reason for refusal.

SUMMARY AND RECOMMENDATION

This application proposes an extension of hours, as amended, imposed by condition 02 of planning consent no 00/00732/FUL so that the hours of opening would be 08.00 to 2200 hours Mondays to Saturdays and 09.00 to 18.00 hours Sundays and Bank Holidays. The authorised use is now a café and not a hot food takeaway. It is considered that the extension of hours would be acceptable as there is no late evening opening over and above that already allowed. The additional hours of opening would be in the morning and during the day on Sundays and Bank Holidays which would not cause unacceptable disturbance and would not conflict with Policy H14 of the adopted Unitary Development Plan. The application is, therefore, recommended for approval, subject to further representations received before the Committee sits.

Case Number 10/02143/FUL

Application Type A Full Planning Application

Proposal Erection of six industrial units for B1, B2 and B8 use with associated car parking accommodation, landscaping works and substation (Re-submission of 09/01650/FUL)

Location Land Adjacent 21 Maltby Street And Bordered By Brompton Road And Gerald Street Maltby Street Sheffield

Date Received 09/07/2010

Team CITY CENTRE AND EAST

Applicant/Agent Bond Bryan Architects (Church Studio)

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

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

06-076(08)004 PL0 06-076(06)001 PL5 06-076(08)001 PL1 06-076(08)002 PL1 06-076(07)001 PL1

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 The B1 (a) office floorspace of any unit within the development occupied by an individual company or organisation shall not exceed 1000 square metres unless otherwise agreed in writing by the Local Planning Authority.

35 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 Core Strategy Policy CS 3 and PPS4.

4 The use of the part of any unit within the development hereby approved for the purpose of a retail showroom (Use Class A1) shall not exceed more than 15% of the gross floor space of the corresponding unit and shall at all times remain ancillary to the main use of the unit for purposes within Use Classes B1 (Office and Light Industrial), B2 (General Industry) and B8 (Storage and Warehousing) of the Town and Country Planning (Use Classes) Order 1995 (as amended).

To ensure an appropriate balance of uses within a Fringe Industry and Business Area in accordance with Policy IB6 of the Unitary Development Plan.

5 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.

6 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:

a) Windows. b) Window reveals. c) Doors. d) Eaves and verges. e) Signage. f) Retaining features.

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

In order to ensure an appropriate quality of development.

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

36 In the interests of the amenities of the locality.

8 Before the development is commenced, full details of proposals for the inclusion of public art within the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise authorised in writing by the Local Planning Authority.

In order to satisfy the requirements of Policy BE12 of the Unitary Development Plan and to ensure that the quality of the built environment is enhanced.

9 Any intrusive investigation recommended in the Phase I Preliminary Risk Assessment Report shall be carried out and be the subject of a Phase II Intrusive Site Investigation Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced. The Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

10 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

11 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

12 Upon 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 development or any part thereof shall not be brought in to use until the Validation Report has been approved in writing by the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report

37 CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

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

In the interests of satisfactory and sustainable drainage.

14 No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved in writing by the Local Planning Authority.

To ensure that the development can be properly drained.

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

To ensure that no foul water discharges take place until proper provision has been made for its disposal.

16 Surface water from vehicle parking and hardstanding areas shall be passed through an interceptor of adequate capacity prior to discharge. Roof drainage shall not be passed through any interceptor.

In the interests of satisfactory drainage.

17 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 6.0 (six) metres either side of the centre line of the sewer which crosses the site and before development commences details shall have been submitted to and approved in writing showing how this sewer is to be diverted. The development shall be carried out in accordance with these details thereafter.

In order to allow sufficient access for maintenance and repair work at all times.

18 The development permitted by this planning permission shall be carried out in accordance with the Flood Risk Assessment (FRA) prepared by Eastwood and Partners (dated 07/05/09). Particular attention is drawn to the following mitigation measures:

a) Finished floor levels set no lower than 39.6 m above Ordnance Datum (AOD), which is at least 600 mm above the highest recorded flood level.

b) A permanent strip of land 4 metres wide adjacent to the culverted watercourse, Kirk Bridge Dike, to be kept clear of all new buildings and structures (including decking, gates, walls, fences and trees), as shown on drawing ‘Proposed Site Layout’ (ref: (06)001 Rev PL5) prepared by Bond Bryan Architects (received on 09 July 2010).

To reduce the risk of flooding to the proposed development and future occupants and to ensure access to the culvert can be maintained for future maintenance and repair and to avoid loading on the culvert.

19 The surface water discharge from the site shall be subject to a reduction of at least 30% compared to the peak flow of its previous use and detailed proposals for surface water disposal, including calculations to demonstrate the reduction, must be submitted to and approved in writing by the Local Planning Authority prior to commencement of development.

To ensure satisfactory drainage arrangements.

20 No development shall take place until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

To ensure that any archaeological remains present, whether standing or buried, are preserved - either by being left in situ or recorded and removed in accordance with an agreed method, before they are damaged or destroyed.

21 Unless otherwise agreed in writing by the Local Planning Authority, before first occupation, the car parking accommodation as shown on the approved plans shall have 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.

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

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

23 The sole means of vehicular ingress to and egress from the site shall be gained from and to Brompton Road, unless otherwise agreed in writing by the Local Planning Authority.

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

24 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

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

25 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.

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

In order to ensure an appropriate quality of development.

27 Prior to the commencement of development, a Framework Travel Plan, designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. The Framework Travel Plan shall include:

a) Clear and unambiguous objectives, modal split targets and an indicative programme of implementation b) A monitoring, review and reporting programme in accordance with Sheffield City Council's 'Monitoring Schedule'; and, c) Details of arrangements to inform future occupiers of the requirement to develop, implement and monitor detailed Travel Plans, in accordance with the approved Framework Travel Plan and the condition outlined below.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

28 Prior to the occupation of each unit, a detailed Travel Plan(s) for the corresponding unit, 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.

The Travel Plan(s) shall include:

a) Clear and unambiguous objectives and modal split targets; b) An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed; c) The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the Local Planning Authority; d) The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

29 At no point shall any part of the site be used for open storage.

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

30 Before each unit is occupied a level threshold shall have been provided to the main entrance of that unit.

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

31 Unless it can be shown not to be feasible and viable, before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

a) A minimum of 10% of the predicted energy needs of the completed development being obtained from decentralised and renewable or low carbon energy; and

41 b) The generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

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

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

32 The development shall not be occupied unless a validation report prepared by an accredited expert in the relevant field has been submitted to and approved in writing by the Local Planning Authority showing that the development has achieved a BREEAM rating of Very Good.

The measures incorporated to achieve this rating shall thereafter remain in place and operational for the lifetime of the development.

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

33 Before development commences, the following details shall have been submitted to and approved in writing by the Local Planning Authority:

a) Screens for the waste recycling areas b) Sufficient cycle parking and associated equipment

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

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry

42 IB9 - Conditions on Development in Industry and Business Areas CS3 - Locations for Office Development CS51 - Transport Priorities CS59 - New Roads CS64 - Climate Change, Resources and Sustainable Design of Development CS65 - Renewable Energy and Carbon Reduction CS67 - Flood Risk Management Lower Don Valley Masterplan

The land uses proposed are considered to be acceptable in accordance with the relevant policy documents.

As the site is partly within Flood Zone 2, the applicant has submitted an acceptable Sequential Test that demonstrates that there are no suitable lower risk sites within the Lower Don Valley Masterplan Area that could accommodate this development. The buildings have been sited in a way that ensures the Environment Agency will retain suitable maintenance access to a culverted river that runs through the site.

The development will have sound sustainability credentials, which includes a commitment to achieve a BREEAM rating of very good.

The scheme has been designed to reflect its industrial setting, whist employing a suitable high quality and modern approach to detailing and materials.

With regard to highways, Junction 34 of the M1 has reached capacity and any further significant development will add undue pressure to the highway network at this location resulting in it not being ‘fit for purpose’. As a result, from mid 2008 any significant developments between Rotherham Town Centre and Sheffield’s Inner Ring Road have contributed towards the construction of the M1 Junction 34 Relief Road, which is identified in Policy CS59 of the Core Strategy as a key new road; the applicant has also agreed to contribute towards this road, which is welcomed.

Further to this, the scheme provides suitable levels of parking and safe access onto the existing highway network.

Attention is drawn to the following directives:

43 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.

2. 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.

3. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

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

4. Under the terms of the Water Resources Act 1991, and the Yorkshire Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the culverted watercourse, Kirk Bridge Dike, designated a ‘main river’. Please contact our Development and Flood Risk officer (Consents), Sam Watson on 01904 822559 for further information and to request an application form. Earlier contact can be helpful to all, and avoid delay and wasted effort.

5. The Environment Agency recommends that in areas at risk of flooding consideration be given to the incorporation into the design and construction of the development of flood proofing measures. These include barriers on ground floor doors, windows and access points and bringing in electrical services into the building at a high level so that plugs are located above possible flood levels.

Additional guidance can be found in the Environment Agency Flood line Publication 'Damage Limitation'. A free copy of this is available by telephoning 0845 988 1188 or can be found on our website www.environment-agency.gov.uk click on ‘flood’ in subjects to find out about, and then ‘floodline’.

Reference should also be made to the Department for communities and local Government publication 'Preparing for Floods' please email: [email protected] for a copy.

44 Site Location

46 INTRODUCTION

This application is a resubmission of a scheme refused under planning reference 09/01650/FUL on 5 January 2010 for the erection of 6 industrial units. The previous scheme was refused for the following reason:

‘The Local Planning Authority considers that as a result of a lack of measures in place to address the need for highway improvements to provide relief to Junction 34 of the M1, the cumulative impact of this development will result in increased congestion and a delay to public transport to the detriment of the connection of a major employment area to the national road network, which is required to support the regeneration of the Lower Don Valley. This is contrary to Policy IB9 (f) of the Sheffield Unitary Development Plan, Policies CS51 and CS59 of the Sheffield Development Framework Core Strategy and guidance within Planning Policy Guidance Note 13.’

Since this refusal officers have entered negotiations with the applicants to agree suitable measures in order to allay these concerns. This is discussed in more detail below.

LOCATION AND PROPOSAL

This site formally housed Dr John Worrall School, which was closed in 2004 when pupils were relocated to new facilities in the city. The school building itself stood empty until 2006 when it was demolished. The old caretaker’s house is still on the site, but will be removed as part of this application.

The site is 0.54 hectares and is bounded by Brompton Road to the west, a used car dealership to the east, a community/educational facility to the north and an office/industrial building to the south. The wider area is largely made up of industrial & business uses. The most notable surrounding landmark is the Don Valley Stadium, which is set across Attercliffe Road, 140 metres to the southeast of the site.

The site is set within a Fringe Industry and Business Area as defined within the Sheffield Unitary Development Plan. The western section of the site is set within Flood Zone 2 and Kirk Bridge Dyke, a culverted watercourse, runs north-south through the middle of the site.

The applicant is seeking consent to erect two terraces of business/industrial units (6 units in total) to be used for any combination of B1 (Business), B2 (General Industry) & B8 (Storage and Distribution) purposes. The applicant has requested this flexibility as the proposals are speculative in nature. Two of the units front Brompton Road, with the remaining four set to the rear of the site.

The submitted floor plans show single height units providing a total gross internal floor area of 2111 square metres. However, there is potential within each unit for a mezzanine level to be introduced. The proposal will include several small landscaping areas, a sub-station and a car parking area for 36 vehicles, which includes 4 mobility spaces with access onto Brompton Road.

PLANNING ASSESSMENT

Land Use

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

Policy IB6: Development in Fringe Industry and Business Areas within the UDP identifies Business (B1), General Industry (B2) & Storage and Distribution (B8) as preferred uses.

The site is also included within the Lower Don Valley Masterplan Study (2004), which identifies General Industry (B2) & Storage and Distribution (B8) as preferable uses for the site.

Planning Policy Statement 4: Planning for Sustainable Economic Growth (PPS4) advocates a sequential approach to the location of town centre uses which in this instance relates to the proposed B1 office space, with the presumption being in favour of existing centres.

Policy CS3: Locations for Office Development within the Sheffield Development Framework Core Strategy (CS) advocates a spatially focused approach to B1 office uses using the sequential approach advocated by PPS4. Under section c) of CS3, only small scale offices are advocated in this location; small scale being defined as no more than 1,000 square metres gross internal floor space. No proposed single unit will exceed this floor space and it is therefore considered that subject to a condition to restrict the floorspace of any unit to no more than 1000 square metres, the proposals are within the spirit of PPS4 and CS3.

It is also noted that the applicant makes reference in the Design and Access Statement to the presence of trade and bulk retailers located nearby the site, which the applicant considers to indicate that the principle and need for such a use is acceptable. However, as noted above, the site lies within a Fringe Industry and Business Area where only Business (B1), General Industry (B2) & Storage and Distribution (B8) are the preferred uses. It is considered that an element of trade counter use that is ancillary to the main use of the unit for purposes within Use Classes B1 (Office and Light Industrial), B2 (General Industry) and B8 (Storage and Warehousing) would be acceptable and as such, it is proposed to condition the proposal to allow a maximum of 15% of the gross floor space for ancillary retail showroom space.

Subject to the above, the proposed land uses are therefore considered to be acceptable in accordance with the above policy documents.

Flooding

Policy CS67: Flood Risk Management within the CS sets criteria in which it seeks to reduce the extent and impact of flooding. The policy states that it is preferable

48 for new development to be focused on sites with a lower probability of flooding and that relative risks should be considered through a sequential approach. CS67 also recognises that exceptions to this may be required in circumstances where there are no suitable lower risk sites.

The western section of the site is set within Flood Zone 2 and, as a consequence, the applicant has submitted a comprehensive Sequential Test with the application. The boundary for the test was agreed to be limited to areas identified for business and industry uses within the Lower Don Valley Masterplan. It was considered reasonable to allow this document to form the boundary of the test area, as it defines areas within the Lower Don for which regeneration should be focused.

The Sequential Test has demonstrated that there are no readily available suitable alternative sites within the Lower Don Valley Action Plan Area to accommodate this development and the proposal therefore passes the Sequential Test.

The application has also been accompanied by a Flood Risk Assessment. The Environment Agency has confirmed that they have no objections to the submitted assessment, having insisted that a 4-metre easement is retained on either side of the culverted watercourse.

This application is therefore considered to have met the relevant requirements within Policy CS 67.

Sustainability

Policy CS64: Climate Change, Resources and Sustainable Design of Development within the CS sets out a suite of requirements in order for all new development to be designed to reduce emissions. In practice, to satisfy the main body of the policy, non-residential developments should achieve a BREEAM rating of very good. The applicant has agreed to meet this standard as part of the development should consent be granted, which forms a condition of this recommendation.

Policy CS65: Renewable Energy and Carbon Reduction requires new developments to achieve the following standards, unless it can be demonstrated that it is not feasible and/or viable: a) The provision of a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy. b) The generation of further renewable or low carbon energy or the incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%.

The applicant has requested that, given the rather speculative nature of this proposal, the requirements of Policy CS65 are conditioned, should consent be granted, and the feasibility and viability elements are looked into further at a future date when end users are known, which is considered to be reasonable in the circumstances.

49 The proposal will also include several other sustainability features, including waste recycling facilities and cycle parking.

In light of the above, the proposal is considered to meet the relevant policy requirements and demonstrates acceptable sustainability credentials. Mobility Issues

The proposals will include suitable measures to ensure access is provided for all. This will include level accesses to all the units and several mobility compliant parking spaces.

Design

Section c) of Policy IB9: Conditions on Development in Industry and Business Areas within the UDP states that new development should be well designed with buildings of a scale and nature appropriate to the site.

The proposed buildings are industrial in character, which is reflective of their setting. They will reach 10-metres in height, have dual pitched roofs and be predominantly constructed in brickwork, light grey cladding and glazing. They are considered to be sympathetic to the scale of surrounding buildings and employ a simple but high quality and modern approach to their detailing and material palette.

The siting of the buildings has been restricted by the culverted river, which runs through the centre of the site. The layout is considered to represent an efficient use of the land and the strong frontage presented onto Brompton Road is welcomed.

The presence of a new sub-station fronting Brompton Road is unfortunate but necessary. This structure will not be excessive in scale and will use materials to match the units where achievable. The sub-station is therefore considered to be acceptable.

Overall the proposal is considered to meet the relevant requirements of section c) within Policy IB9.

Landscape

There are currently several trees lining Brompton Road that will be removed as part of this development. Although regrettable, these trees are not considered to be of such quality as to be worthy of retention. A landscape scheme is required by condition, which will compensate, at least in part, for these losses.

Surrounding Amenity

The proposed units will be in close proximity to several surrounding uses. However, given that these uses are commercial in nature; this does not give rise to any amenity concerns.

50 Highways

Section f) of Policy IB9: Conditions on Development in Industry and Business Areas within the UDP states that new development should be adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking.

Policy CS51: Transport Priorities, within the CS identifies strategic transport priorities for the city, which include containing congestion levels and improving air quality.

Policy CS59: New Roads, within the CS states that new road schemes will only be built in a limited number of circumstances, which include 1) The need to enable regeneration and 2) The need to reduce serious traffic impacts on the local environment where there is no sustainable alternative option. The Junction 34 Relief Road is one of the seven proposed schemes listed within CS59.

Planning Policy Guidance 13: Transport (PPG13) emphasises the need for a safe, efficient and integrated transport system to support a strong and prosperous economy.

The proposed scheme is considered to provide a suitable level of car parking for the units, as well as acceptable servicing arrangements. In addition, the site is in relatively close proximity to the Don Valley Supertram stop and has been designed to ensure that safe access to the surrounding highway network is achieved.

However, owing to the approval of recent developments, most notably the British Land River Don District scheme (08/02594/OUT) approved in December 2008, it has been determined that Junction 34 has reached capacity and any further significant development will add undue pressure to the highway network at this location, resulting in it not being ‘fit for purpose’. As a result, from mid 2008, any significant developments between Rotherham Town Centre and Sheffield’s Inner Ring Road are required by the Council to contribute towards the construction of the M1 Junction 34 Relief Road, largely to reduce the demand created by local traffic. The strategic importance of this road is emphasised within Core Strategy Policy CS59, which identifies the delivery of the relief road as a key strategic aim for the city.

In order for this development to be considered acceptable from a highway perspective, a contribution towards this relief road is required. Following an assessment of the applicant’s Transport Statement, it has been determined that there will be approximately 6 traffic movements through J34 (S) during the AM peak time on a typical day. Based on a contribution of £7,500 per movement, a sum of £45,000 is required as part of this application. It was the applicant’s unwillingness to agree to this contribution during consideration of the first application that led to the refusal of that application (09/01650/FUL).

Following negotiation, it has been agreed that the applicant will pay half of these monies upon first occupation and the requirement for the remaining half would be assessed though a traffic survey upon occupation of the final unit, in order to

51 determine if these additional three trips have been generated. These measures would be secured by means of a Section 106 Agreement.

It is therefore considered that this agreement to secure a contribution towards the M1 Junction 34 Relief Road, which is intended to address the capacity issue at J34, will result in the development not creating further undue pressure on the existing road network.

The proposal is therefore considered to comply with the above highway policies.

Circular 05/05: Planning Obligations

Circular 05/05: Planning Obligations introduced tests to ensure that the requirement for a financial contribution linked to approving development was justifiable. The main tests the Circular introduced were:

1. The contribution is relevant to planning. 2. The contribution is essential for consent to be granted. 3. The contribution is proportionate to the scale of the development.

In the respect of this scheme the contribution could amount to £45,000 to be used for the Junction 34 Relief Road.

This highways contribution is required to help fund the Junction 34 Relief Road, which is one of the seven identified schemes prioritised within Policy CS59. It will also help in achieving the goals of several further policy requirements, as outlined above.

It is considered that the Highways section of the report has demonstrated why such a contribution is essential for consent to be granted, owing to the existing pressures on Junction 34.

The contribution has been calculated on the basis of each additional vehicle movement associated with the scheme and thus is proportionate to the scale of the development.

It is therefore considered that the requirement for this contribution meets the relevant tests set out within Circular 05/05: Planning Obligations.

SUMMARY AND RECOMMENDATION

The land uses proposed are considered to be acceptable in accordance with the relevant policy documents.

52 The development will have sound sustainability credentials, which includes a commitment to achieve a BREEAM rating of very good.

The scheme has been designed to reflect its industrial setting, whist employing a suitable high quality and modern approach to detailing and materials.

With regard to highways, M1 Junction 34 has reached capacity and any further significant development will add undue pressure to the highway network at this location resulting in it not being ‘fit for purpose’. As a result, from mid 2008 any significant developments between Rotherham Town Centre and Sheffield’s Inner Ring Road have contributed towards the construction of the M1 Junction 34 Relief Road, which is identified in Policy CS59 of the Core Strategy as a key new road; the applicant has also agreed to contribute towards this road, which is welcomed.

Further to this, the scheme provides suitable levels of parking and safe access onto the existing highway network.

The proposal is therefore recommended for conditional approval subject to the signing of a suitable Section 106 Agreement.

Heads of Terms

1. A sum of £22,500 shall be paid to the Council towards the Junction 34 Relief Road upon first occupation. 2. A further sum up to £22,500 shall be paid to the Council towards the Junction 34 Relief Road upon occupation of the final unit, subject to the outcome of a further traffic survey at this time.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 6 October 2010 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 10/02132/FULR

Application Type A Full Replacement Planning Application

Proposal Erection of dwellinghouse and triple garage (Application to extend limit for implementation imposed by application 07/02406/FUL)

Location Land Between 62 And 62A Dore Road Sheffield

Date Received 23/06/2010

Team SOUTH

Applicant/Agent Mr P Jacobs

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 The existing trees, shrubs and hedges within the site of the development, other than those needing to be removed in order to gain/improve vehicular access to the site, as shown on the plans, shall not be destroyed or otherwise removed and no trees shall be lopped or topped without the prior written agreement of the Local Planning Authority, but if notwithstanding this condition any tree, hedge, part of a hedge or shrub, other than the above- mentioned trees, shown on the plans, is removed or destroyed or damaged to such a degree that in the opinion of the Local Planning Authority its removal is necessary, then a replacement shall be planted of a species and size to be approved by the Local Planning Authority prior to planting. Any such replacement shall be cultivated and maintained for 5 years and any

54 failure within that 5 year period shall be replaced to the satisfaction of the Local Planning Authority.

In the interests of the amenities of the locality.

4 Before any work on site is commenced full details of the measures to be taken to protect the existing trees and hedges within and/or adjoining the site of the development during site preparation, formation of construction access and building 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 amenities of the locality.

5 Before the development is commenced, the proposed driveway width shall have been increased to 5 metres over the initial 10 metres of its length from its junction with Dore Road and thereafter the driveway shall be retained at such width.

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

6 The driveway and vehicle turning area shall be constructed so as to be capable of carrying a 12.5 tonnes fire appliance.

To accommodate fire service access.

7 Before the development is commenced, full details of the proposed surfacing to all external areas shall have been submitted to and approved by the Local Planning Authority. Such areas shall be constructed with permeable/porous surfacing unless otherwise agreed in writing by the Local Planning Authority. Thereafter the approved permeable/porous surfacing material shall be retained.

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

8 The windows in the north elevation of the building, serving the master bedroom and an en-suite bathroom over the garage shall be glazed with obscure glass to a height of 1.8 metres above the finished floor level of the bedroom and bathroom and the obscure glazed portions of the windows shall be non-opening, all in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority and the glazing shall not at any time be altered without the prior written agreement of the Local Planning Authority.

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

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

Drawings

1 (August 2001) 2 (August 2001) 3 (August 2001) 4 (August 2001) 5 (August 2001) 6 (August 2001)

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting CS24 - Maximising the Use of Previously Developed Land for New Housing CS31 - Housing in the South West Area CS63 - Responses to Climate Change CS64 - Climate Change, Resources and Sustainable Design of Developments CS67 - Flood Risk Management CS74 - Design Principles

There will be no harm to the character of the area and no adverse impact on any neighbouring property. The building can be constructed to achieve high levels of energy efficiency, reduce carbon emissions and minimise flood risk and, arguably, will improve the appearance of this previously neglected and overgrown vacant plot of land. It is anticipated that the applicant will exercise the fallback position of implementing the current planning permission (07/02406/FUL) in the event that an extension of the life of the permission is refused. In a balanced judgement, these factors are considered to outweigh the concerns that the site is not sustainably located in terms of proximity to local facilities with the likely effect that future occupiers will rely on private cars.

56 Attention is drawn to the following directives:

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

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

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

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

57 Site Location

INTRODUCTION

This application is to extend an existing planning permission which is due to expire on 1st October 2010 (ref 07/02406/FUL).

An application to discharge conditions attached to the 2007 planning permission is currently being considered (ref 10/02646/COND).

LOCATION AND PROPOSAL

The site is level and lies behind No. 62 Dore Road and in front of No62a. It is part of the former rear garden area of No. 62 Dore Road but has been in separate ownership since 1999. No. 62a is a 1980s bungalow and is on land which was also originally part of the garden of No. 62. There is also a new dwelling in front of No. 62 (No. 62c) with fronts onto Dore Road.

Substantial hedges separate the site from Nos 62 and 62a and there is further mature screen planting to the side boundary adjoining another dwelling (No64a). A long driveway provides vehicular access to the site. The driveway provides access to No. 62a and, since the completion of 62c, provides the sole means of access to No. 62. Mature planting screens the driveway from the application site.

The site has been neglected and had become very overgrown prior to being cleared during the course of this application. The photograph shows the site prior to clearance.

The approved dwelling is a substantial two storey building with 6 bedrooms and an integral triple garage. It is set back approximately 100m from Dore Road and will be served by the existing driveway with access taken at the north-east corner close to the boundary with No. 62a.

RELEVANT PLANNING HISTORY

The current planning permission was granted on 1st October 2007 (ref 07/02406/FUL). There is a long history of planning permissions for a single dwelling on the application site dating back to 1982.

The new dwelling in front of No. 62 (62c) was granted planning permission in 2008 (ref 07/04321/FUL). This dwelling has a separate means of vehicular access.

Planning permission was granted for extensions to No. 62 in July 2008 (ref 08/02451/FUL). The extensions include remodelling of an existing double garage to allow ease of access from the driveway shared with the application site and No. 62a. This garage has been previously accessed from Dore Road. The permission has not yet been implemented.

SUMMARY OF REPRESENTATIONS

One letter of representation has been received from a neighbour. The neighbour requests that any planning permission granted is made subject to the conditions attached to the previous planning permission, particularly having regard to the requirement for obscure glazing to windows facing 62a. It is also pointed out that No. 62 now shares the driveway to the application site.

PLANNING ASSESSMENT

Land Use Policy

The site lies within a Housing Area as defined in the Unitary Development Plan (UDP). There is no change to the policy area in the Sheffield Development Framework (SDF) Draft Proposals Map. No special designations affect the site.

The proposed development remains a preferred land use (Housing – Class C3) in accordance with UDP Policy H10 (Development in Housing Areas).

The recent changes in national planning policy (PPS3: Housing) have resulted in this site being reclassified from ‘previously developed land’ to ‘greenfield land’.

Sustainability

SDF Core Strategy Policy CS24 (Maximising the Use of Previously Developed Land for New Housing) gives priority to using previously developed land for new housing but permits new housing on small greenfield sites within the urban area where the development can be justified on sustainability grounds.

60 The site is approximately 1080m from the Local Shopping Centre at Dore and approximately 1550m from the Local Shopping Centre at Totley Brook Road. The nearest bus stop is approximately 700m away in Abbeydale Road South. Access to informal recreation space in Ecclesall Wood is approximately 1km walking distance. These distances to facilities are likely to result in a significant degree of dependence on the car and, in these circumstances, the proposed location cannot be reasonably justified on sustainability grounds.

The design of the dwelling has not changed but there will be scope in the construction to incorporate satisfactory levels of efficiency. An additional condition can be imposed to require new hard surfaces within the site to be constructed in porous/permeable material (or drain to such surfaces) in order to reduce flood risk. The proposals are therefore capable of complying with SDF Core Strategy Policies CS63 (Responses to Climate Change), CS64 (Climate Change, Resources and Sustainable Design of Developments) and CS67 (Flood Risk Management).

Principle of Development

The application is solely concerned with extending the life of an existing planning permission. There are no proposals to change the previously approved plans. The design and appearance remain acceptable in terms of UDP Policies BE5 (Building Design and Siting) and H14 (Conditions on Development in Housing Areas). There is no conflict with SDF Core Strategy Policy CS74 (Design Principles).

Some weight should be given to the fact that the extant planning permission can still be implemented. The submission of the conditions discharge application (ref 10/02646/FUL) and the recent clearance of the site suggest that this fallback position has a reasonable prospect of implementation.

Weight should also be given to the fact that this is not a ‘garden grab’ proposal as the site is legally separated from No62 and has been for more than 10 years. Failure to develop the site will inevitably result in the site eventually reverting to an overgrown and neglected state. However, this is not necessarily undesirable as there are likely to be ecological benefits in the long run. The state of the land has little impact on the adjoining properties due to the mature boundary screening treatments and there is no impact in the public domain.

Weight can also be given to the development being representative of the pattern of development in the immediate area. There are some 12 dwellings in backland locations to the rear of Nos48-72 Dore Road. This point merits limited weight but demonstrates that there would be no conflict with SDF Core Strategy Policy CS31 (Housing in the South-West Area). CS31 seeks to ensure that new housing development safeguards and enhances the areas of character to the south-west of the City.

Residential Amenity

The new dwelling at No. 62c is buffered by No. 62 and is therefore not affected by the application proposals. Apart from the new extensions approved at No. 62 (ref

61 08/02451/FUL), there have been no changes affecting other nearby properties since the previous application in 2007.

SUMMARY AND RECOMMENDATION

The application is to extend the life of a planning permission that will expire on 1st October. Due to changes in national planning policy the site now has ‘greenfield’ status and can no longer be regarded as ‘previously developed land’.

There will be no harm to the character of the area. The building can be constructed to achieve high levels of energy efficiency, reduce carbon emissions and minimise flood risk. The proposed development will arguably improve the appearance of this previously neglected and overgrown vacant plot of land. However, the site is not visible from the highway and, consequently, there is no benefit to the public interest. In response to this concern the applicant’s actions demonstrate a likelihood of exercising the fallback position of implementing the current planning permission (07/02406/FUL) in the event that this application is refused.

In a balanced judgement, the above factors are considered to outweigh the concerns that the site is not sustainably located in terms of proximity to local facilities with the likely effect that future occupiers will rely on private cars. It is therefore recommended that planning permission is granted subject to the conditions previously imposed together with an additional condition to ensure appropriate hard surfacing treatments to reduce surface water run-off.

Case Number 10/02076/FUL

Application Type A Full Planning Application

Proposal Erection of foodstore with associated car parking, landscaping and pedestrian linkage enhancements (resubmission of application 09/02493/FUL)

Location Land Adjacent Damons Sevenairs Road Sheffield

Date Received 21/06/2010

Team CITY CENTRE AND EAST

Applicant/Agent Planning Potential (London)

Recommendation Grant Conditionally

Subject to:

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

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

2 At least 50% of the sales floorspace shall be used solely for retailing of convenience goods (as defined in Planning Policy Statement 4, PPS4, Annex B).

In order to ensure compliance with national planning guidance particularly with respect to the sequential approach and to secure the positive benefits to the range of shopping in the area that were identified in the Retail Assessment.

3 The total net sales area shall not exceed 900sqm and the building shall not be subdivided into separate retail units.

In order to ensure compliance with national planning guidance, particularly with respect to the sequential approach and to limit the harm to existing centres.

4 The building shall not be used unless the car parking accommodation for 121 vehicles as shown on the approved plans has been provided in

63 accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

5 Parking spaces shall be used as communal parking for the restaurant and retail use and shall not be allocated or contracted to the occupiers or visitors of other sites or uses.

In order to ensure that adequate parking provision is maintained to serve the uses occupying the site, in the interests of the amenities of the locality and traffic safety.

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

a) been carried out; or

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

Highway Improvements:

Footpath link from Violet Avenue.

The promotion of a Traffic Regulation Order to limit parking on Sevenairs Road adjacent to the site entrance

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.

7 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:

64 c) The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the Local Planning Authority. d) The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

In the interests of delivering sustainable forms of transport, in accordance with the Transport Policies in the adopted Unitary Development Plan for Sheffield and PPG13.

8 Before any development commences a strategy for the management of car parking for the duration of the construction period shall be submitted to and approved by the Local Planning Authority. The approved strategy shall be implemented for the duration of the construction works.

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

9 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

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

10 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.

11 The store shall not be open to be open to the public outside the hours of;

9am -7pm Mon to Wed. 9am – 8pm Thur and Fri. 8.30am- 6pm on Sat. 10am – 4pm on Sundays and Bank Holidays.

65 Deliveries shall not take place outside the hours of

8am – 9pm Mon to Sat 9am – 6pm Sundays and Bank Holidays.

Articulated vehicles shall not service the site between the hours of;

10am - 6pm Mon to Sat. 11am – 4pm Sundays

In the interests of protecting the local residents from noise and disturbance and in the interests of pedestrian safety.

12 The building shall not be used unless the noise control measures listed in the noise assessment and Design and Access statement have been implemented, including

- Condenser units to be located in the building. - 2.0m high acoustic screen wall to be provided to the east side of the service bay. - Service bay to have dock seal.

Thereafter the noise control measures shall be permanently retained.

In the interests of protecting the local residents from noise and disturbance.

13 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.

14 Before the development is commenced, actual or potential land contamination and ground gas contamination at the site shall have been investigated and a Phase 1 Preliminary Risk Assessment Report shall have been submitted to and approved in writing by the Local Planning Authority. The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

15 Any intrusive investigation recommended in the Phase I Preliminary Risk Assessment Report shall be carried out and be the subject of a Phase II Intrusive Site Investigation Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development

66 being commenced. The Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

16 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

17 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

18 Upon 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 development or any part thereof shall not be brought in to use until the Validation Report has been approved in writing by the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

19 Before the external lighting and CCTV Cameras are erected details shall have been submitted to and approved by the Local Planning Authority. Thereafter the approved details shall be implemented and permanently retained.

In the interests of the amenities of the locality.

20 The development hereby approved shall be constructed to achieve a minimum rating of BREEAM ‘very good’ and before the development is occupied (or within an alternative timescale to be agreed) the relevant

67 certification, demonstrating that BREEAM ‘very good’ has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

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

21 The development shall be designed to reduce the carbon dioxide emission rate by at least 25% below the Building Regulations (2006) Target Emission Rate. A post-installation report shall have been submitted to an approved in writing by the Local Planning Authority to demonstrate that the agreed measures have been installed to achieve the reduced target emission rate.

22 The surface water run-off shall be reduced by 30% from that of the existing site as part of a scheme for sustainable urban drainage. Before any development commences details shall be submitted to and approved by the Local Planning Authority showing how this will be achieved.

In order to mitigate against the risk of flooding.

23 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.

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

In the interests of the amenities of the locality.

25 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

68 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.

26 No buildings/structures shall be erected within 3m metres of the public sewer.

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

28 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.

29 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-site works, have been submitted to and approved by the local planning authority. Thereafter the building shall not be brought into use prior to the completion of the approved foul drainage works.

To ensure satisfactory drainage arrangements.

30 Prior to being discharged into any watercourse, surface water sewer or soakaway system all surface water drainage from parking areas and hardstandings shall be passed through a petrol/oil interceptor designed and constructed in accordance with details to be approved in writing by the Local Planning Authority.

To prevent pollution of the Water Environment.

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

0363-13, 14, 10, 12A, 11, 50 Rev A VL0363 L03, L02

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

69 Attention is drawn to the following justifications:

S4 - District Centre Shopping S5 - Shop Developments outside the Central Shopping Area and District Centres H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas CS13 - Employment and Services in Mosborough/Woodhouse CS34 - District Centres CS47 - Safeguarding Open Space CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS67 - Flood Risk Management

Attention is drawn to the following directives:

1. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

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

2. The applicant is advised that tactile paving needs to be a minimum of 1200mm deep in accordance with DFT guidance on tactile paving. Tactile paving adjoining disabled parking bays needs to be 800mm deep next to the drop kerb.

70 Site Location

INTRODUCTION

Members may recall that an application submitted by Aldi for a foodstore on the same site was refused in November 2009. The application was refused because there was considered to be a sequentially preferable site available adjacent to Crystal Peaks bus interchange, on the Waterthorpe site. The previous scheme was considered to be acceptable in all other respects including traffic and amenity impact, and the design. It was accepted that it would bring benefits to the area in terms of expanding shopping choice, and clawing back expenditure. The reason for refusal is reproduced below.

Reason for refusing application 09/02493/FUL.

“The proposal is considered to be contrary to Planning Policy Statement 6 in that there is a sequentially preferable, edge of centre site, at the west end of Crystal Peaks shopping centre, which should be developed in advance of the application site. In addition the proposal would put at risk the planned investment strategy of the Waterthorpe Greenway scheme, which is needed to safeguard and enhance the vitality and viability of Crystal Peaks district shopping centre and secure public transport benefits. It would thereby undermine the strategy for Crystal Peaks as set out in Core Strategy Policy CS13.”

LOCATION AND PROPOSAL

The current proposal is very similar to the previous scheme, application 09/02493/FUL. The site layout, including the building position, access and parking arrangements, and scale/massing of the building are largely unaltered. The main changes are;

- The building is slightly longer and slightly narrower. It is 5.5m longer and approximately 4.5m narrower. This moves the building slightly further

72 away from the residential properties on Aster Close. The building floor space has been reduced by approximately 75 sqm. - Parking has been increased by 1 space. - The applicants have offered a contribution of £150,000 towards public transport improvements at Crystal Peaks.

The application site is located at the junction of Eckington Way and Sevenairs Road to the north of Crystal Peaks district centre. The site is occupied by a single storey restaurant, (Damon’s) and associated car park of approximately 140 spaces. It has an open character as the restaurant only occupies the eastern corner closest to the roundabout. The southern quarter of the site is ancillary landscaping to the restaurant and is laid out as a lawn. A public footpath runs along the eastern boundary of the site; it links the residential areas to the north and east, along with the St Luke’s Hospice; to Crystal Peaks shopping centre. The site falls from north to south by approximately 6m and from west to east by approximately 2m.

To the north of the site there is St Luke’s Hospice, to the east a housing estate, and to the south and west a freestanding restaurant and Crystal Peaks district centre. The gardens of some of the houses to the east directly abut the application site. Towards the southern end of the site there is a signal controlled pedestrian crossing of Eckington Way with adjoining footpath connections into the district shopping centre.

The application proposals retain the existing restaurant and propose the erection of an Aldi supermarket on part of the existing car park and landscaping. The new store would be located close to the southern boundary with Eckington Way. It would be a single storey building of approximately 1300 sqm with a sales area of 900 sqm. The main building is rectangular shaped with the back of house storage and ancillary facilities tacked on to the east side of the building. The entrance to the store faces the entrance to the Damon’s restaurant and the loading bay is located on the east side of the building. Vehicles will access the site via the existing Damon’s access off Sevenairs Road, and the layout of part of the existing car park is to be modified. A pedestrian access is to be provided off Eckington Way and also off Violet Avenue, through the car park to the store entrance. The southern part of the site and part of the eastern boundary will be graded up and landscaped to meet the raised floor level of the building.

The main store is faced in brickwork with render at a high level. It is divided into bays by a series of brick piers. It has a brick plinth and a brick faced southern elevation. The entrance to the store and first two bays are faced in a dark grey powder coated aluminium glazing system. The parapet to the entrance area is raised so that there is a step in the elevation between the entrance area and the main store. The back of house area is faced in brickwork and is lower than the main building. The south facing elevation and eastern most part of the ‘back of house’ area will incorporate a wire system to encourage climbing plants to green the elevations.

The store would provide 25-30 local jobs and additional employment during the construction phase.

RELEVANT PLANNING HISTORY

Planning permission was refused for the erection of a foodstore with associated car parking, landscaping and pedestrian linkage enhancements in November 2009, planning application 09/02493/FUL.

Planning permission was granted for the erection of a restaurant with parking in February 1995, 94/01837/FUL. This is the detailed permission for Damon’s restaurant.

Outline planning permission was granted in October 1990 for the erection of a licensed restaurant, bar and 40 bedroom Travelodge and provision of car parking accommodation, 90/02631/OUT.

Outline planning permission was granted in June 1990 of the erection of a licensed restaurant and Travelodge and provision of parking accommodation, 90/01362/OUT.

SUMMARY OF REPRESENTATIONS

4 letters has been received in support of the scheme. The grounds for supporting the scheme are;

- Convenience, accessible to people who do not have use of a car, - Value for money shopping, - Increases shopping choice. - Store will create employment. - It will not draw traffic from other areas.

85 representations have been received opposing the scheme, six of which are from individuals who have responded more than once. The objectors include local Councillors, Saunders, Mirfin-Boukouris and Rosling-Josephs and Clive Betts MP. The most number of representations against the scheme were from residents living on Aster Close, Drakehouse Lane West and Springwell Grove. Ten of the representations were from people who live outside the city and a number of others were from residents who live some distance from the site, however most of these said that they visit the area. The main grounds for objecting to the scheme are listed below.

A number of those objecting to the scheme have said they are not against an Aldi store in the Crystal Peaks area.

- Traffic, Parking, Access.

The highways around the site, particularly Eckington Way, Drakehouse Lane, Waterthorpe Greenway and Ochre Dyke are gridlocked at peak times and all weekend and it is difficult to access Eckington Way, the proposal will make this worse and increase the risk of accidents. Some residents feel that increased

74 congestion caused by an Aldi store would lead to people detouring through Beighton Village to avoid the congestion. The additional use of the Eckington Way pedestrian crossing by store customers will result in delays to the Eckington Way traffic. Pedestrian safety will be worsened as customers have to cross the busy Eckington Way to access Crystal Peaks.

Since the last application the Council has introduced new road markings at junctions near the site, the hospice has been extended at Sevenairs Road, there is a new operator of the Crystal Peaks petrol station and Damons is opening earlier in the morning. These have affected traffic flows and therefore a new highway assessment needs to be carried out. The existing traffic assessment is not representative of the local situation; surveys should cover the whole of December when overspill from Crystal Peaks is greatest and traffic surveys should be carried out at peak times on Thursday, Friday or Saturday. There is also the potential traffic associated with a Tesco at Halfway.

Damon’s car park is already operating at or near capacity, particularly on Friday evenings, and not large enough to accommodate the extra parking for a supermarket. As a result parking will overspill on to surrounding residential streets. Damons are already selling parking passes to SCC workers, Sheffield Homes staff, Crystal Peaks staff and hospice staff, and opening at 8am for breakfast, therefore another parking assessment is required. The car parking surveys do not factor in the potential for linked trips with Crystal Peaks or the use of the car park by shoppers using Crystal Peaks, but not the Aldi. If the parking permits issued by Damons are stopped, where will these people park? Has staff parking for Damons and Aldi been taken into account?

There are already parking problems in the estate roads surrounding the site which cause access difficulties for, wheelchair users crossing roads, for residents, buses, refuse collection, emergency vehicles and this creates safety problems. Staff from Crystal Peaks, visitors and workers from Beighton Hospital already park on Sevenairs Road, Lilac Road, and Drakehouse Lane West. An Aldi store will worsen these problems, which have got worse since the last application. A traffic regulation order will simply move the problem elsewhere. It is argued that some customers from the east will park on the streets around the site to avoid traffic congestion on Eckington Way.

The access roads serving the site and the site access are unsuitable for articulated vehicles. Linked trips will not occur and people would drive between Crystal peaks and the site. People will not use public transport or walk to the store in inclement weather.

Delivery vehicles will have to reverse across a pedestrian area, which is unsafe as highlighted in the comments by the police; customers will be on site when deliveries are taking place as Damons now opens at 8am.

Parking restrictions are needed to keep the entrance clear on Sevenairs Road and to prevent inconsiderate parking at bends.

75 The scheme to improve/relocate the interchange is opposed by local residents and the proposed contribution should not be allowed to get around this. The contribution towards the new interchange is not necessary or related to the development.

- Need and Impact.

Crystal Peaks, Sainsbury’s, Iceland, Morrisons, Asda, Netto at Manor Top and the planned Tesco satisfactorily cater for shopping need, including low cost shopping, therefore there is no need for the proposal. The amount of existing shopping provision will mean there is insufficient demand and the building will become derelict.

The scheme will harm small shops.

Alternative sites, Sequential approach.

Aldi should use empty units in Crystal Peaks or the retail park. These sites are better served by public transport/parking facilities, and deliveries will not impact on residents. The empty units at Crystal Peaks are preferable in planning policy terms. Aldi’s assertion that these units are unsuitable, as they restrict their trading format/preferred loading arrangements, should be challenged as they operate from a similar site at the Arndale centre at Manchester. The Crystal Peaks site should not be rejected just because it does not suit Aldi’s normal trading format. They should also consider the Tesco site at Halfway. The Damons site is not suitable for retail development as it is not connected to the centre. It is not ‘edge of centre’ because the pedestrian link between the site and the centre is not convenient and safe. This is because there are level differences between the sites, the need to cross dangerous roads within the Crystal Peaks car parks and also Eckington Way.

The Waterthorpe site is preferable and has not been shelved but merely delayed, a decision on the Damons site should not be made in advance the future of the Waterthorpe site becoming clear. A new scheme will be brought forward by Hermes excluding the contentious playing field development. The application will have an adverse effect on the redevelopment of Crystal Peaks Bus Station.

Aldi should be directed to the vacant plot to the north east of Drakehouse Retail Park.

- Amenity Impact.

The development is too close to residential properties and the site is too small. As the land is sloping the visual impact will be equivalent of a 2/3 storey structure which will appear overbearing. It will have a harmful impact on residential amenity due to, noise and vibration during deliveries including reversing alarms. Residents have questioned whether Aldi’s proposal to turn off reversing alarms is lawful. There will also be increased noise from additional use of the Eckington Way pedestrian crossing. The development

76 will cause overlooking and loss of privacy, block views and the elevation facing neighbours is unsightly. Noise and dust will be created during construction and there will be additional operational impacts due to light pollution. It will attract anti social behaviour and the associated noise and litter, which will be exasperated by the sale of cheap alcohol.

The traffic pollution will be detrimental to health.

The development will enclose the footpath across the site and make it less safe to use. The police have also highlighted the potential vulnerability of parking on the site.

- Visual Impact.

The design is poor and materials are out of keeping with the character of the area which is predominantly brick and slate. It will harm the appearance of the area and is contrary to policy H14.

- Impact on green space.

The loss of the attractive green space which separates the housing from Crystal Peaks is contrary to Unitary Development Plan policy LR8. The open space should be retained and is valued by local residents, it is used by children playing. Its development would be out of character with the area. It is a small pocket of green space in an area where many green spaces have been developed.

- Other Issues.

It will have a harmful impact on Damon’s custom, the restaurant and retail use are not compatible.

Loss of house value – not a planning issue

PLANNING ASSESSMENT

Policy Issues

The only significant change in policy since the previous application was determined is that Planning Policy Statement 4, ‘Planning for Sustainable Economic Development’ replaced Planning Policy Statement 6 ‘Planning for Town Centres in December 2009. It provides policy guidance for retail and economic development; this is considered in more detail below.

The policy background is given by the Unitary Development Plan (UDP), the Core Strategy and PPS4.

77 Unitary Development Plan.

UDP Policy S4 promotes food retail development at the edge of District Shopping Centres, where there are no suitable sites within such Centres. Development outside of shopping centres must be assessed against the criteria of policy S5, which relate to impact and accessibility. This proposal will therefore only be acceptable if it is ‘edge-of-centre’ and does not impact on the centre. The centre is in this case Crystal Peaks. Impact is considered below and the site is considered to be edge-of-centre, for the reasons explained below.

The application site lies in a housing policy area. Policy H10 lists Housing as the preferred use. Shops exceeding 280 sqm sales area are unacceptable unless at the edge of a District Shopping Centre. This is defined in the UDP as ‘a location within easy walking distance, (ie. 200-300 metres) of the primary shopping area and providing parking facilities that serve the centre as well as the store, thus enabling one trip to serve several purposes’. Although the UDP policy itself has not been superseded, the definition of ‘edge-of-centre’ has been superseded by the definition in PPS4 (Annex B): ‘well connected to and within easy walking distance (i.e. up to 300 metres) of the primary shopping area’.

The site can be considered edge of centre under this definition. The store entrance would be 180m from the east entrance of the shopping centre and approximately 100m from the edge of the district centre boundary so it would conform to the 300m distance criterion of PPS4’s definition of edge-of-centre. Other considerations in PPS4 include ‘barriers, such as crossing major roads and the perceived safety of the route. A site will not be well connected to a centre where it is physically separated from it by a barrier such as a major road and there is no existing or proposed pedestrian route which provides safe and convenient access to the centre.’ A major road passes between the Aldi proposal and Crystal Peaks but there are segregated pedestrian routes between the site and the shopping centre and a pedestrian signalised crossing of Eckington Way. Whilst there is a change in level, this would not be considered to be significant by most people. It can be concluded that there is a safe and convenient route between the site and the shopping centre and the site can be considered to be an edge of centre site. Therefore the proposal is not contrary to the Unitary Development Plan policy.

Core Strategy Policy.

Core Strategy Policy CS47 is concerned with safeguarding open space. The Council’s audit of open space sites does not identify this site as open space and therefore it could be argued that this policy does not apply. However the definition of informal open space attached to this policy includes small green or landscaped areas (public or private) which provide a setting for built development and which may offer opportunities for informal recreation close to home or work. Adopting a cautious approach, the loss of this space has been assessed against the criteria listed in this policy.

In this case, the majority of the site as a whole is occupied by the restaurant and car parking areas. The southern part of the site includes an area of short mown grass of approximately 1650 sqm. This area of land is associated with the

78 restaurant building and provides a setting for the building. Whilst some residents have said that children play on this area, the recreation use is considered to be limited, and it mainly provides a pleasant setting for the building and footpath which skirt the edge of the site.

Development of the site will not result in a shortage of either formal or informal open space in the local area. The site is also not considered to be of high landscape, heritage or ecological value. It will not prevent people accessing a local park and is not considered to be a well used public open space, or of such high value that its development should be resisted. Development would not create a break in the city’s green network.

The main function of the green area of the site is to provide a setting for the building and footpath that crosses the site. This function will be maintained by the landscape proposals that form part of the development and the biodiversity value will be increased. Given this, and the fact that the site does not obviously lend itself to any other open space needs, it is concluded that there is no reasonable case for resisting this proposal on open space policy grounds.

Core Strategy policy CS34 encourages district centres such as Crystal Peaks to fulfil its role of ‘providing for everyday needs with a range of retail, leisure and community facilities, appropriate in scale and function to the role of the centre’. The proposal will increase shopping provision within easy walking distance from the centre so will conform to the policy.

Core Strategy policy CS 13 requires ‘shopping provision at Crystal Peaks District Centre’ to be maintained at ‘around its current size’. The intention of the policy is mainly to avoid Crystal Peaks becoming an alternative destination for non-food shopping to the City Centre but in any case the proposal is not large enough to be contrary to this policy.

Planning Policy Statement 4, ‘Planning for Sustainable Economic Development’

Planning Policy Statement 6 has been superseded by new Government guidance in Planning Policy Statement 4 (PPS4), ‘Planning for Sustainable Economic Growth’. It has tests that apply to all economic development (policy EC10) and 2 tests - sequential approach (EC15) and impact (EC16) - that apply to out-of-centre retail development. These are considered in more detail below.

PPS4 differs from PPS6 in that it removes the requirement to demonstrate need for a proposed retail development. It postdates the Unitary Development Plan (UDP 1998) and supersedes it if they differ. PPS4 requires more comprehensive assessments of retail development than does the UDP. In this regard, Aldi is a discount food retailer.

The net sales area of the store is 900 sqm, 80% of which will be for convenience goods, everyday essential items, including food, drinks and confectionery. Stores stock a limited number of lines of mainly own branded goods. They do not stock newspapers, magazines or cigarettes and sell a limited range of own branded confectionary. They have a small range of own branded wine and spirits and a

79 limited range of milk and bread lines. They do not sell loose fruit and vegetables and do not include meat, fish, delicatessen, chemist or bakery counters. They do not provide a one stop shop, because of the limited range of goods sold.

Policy EC10 applies to all economic development, including retail. It says planning authorities should adopt a positive approach towards applications for economic development if they secure sustainable economic growth. Proposals should be

- Sustainable, in terms of CO2 emissions etc; - Accessible by a choice of means of transport; - Have a high quality and inclusive design; - Assessed for impact on regeneration in the area including the impact on deprived areas and social inclusion; - Assessed for impact on local employment;

Considering these in turn:

The building has been designed to reduce CO2 emissions and this is referred to in more detail in the sustainability section. It will also reduce the need for local residents to travel to a discount retail outlet and there is the potential for linked trips with Crystal Peaks. It is therefore concluded that the proposal has been designed to limit carbon dioxide emissions.

Proposals should be accessible by walking, cycling, public transport and car. The site is not on a high frequency bus route but the residential area to the east of the store provides a substantial walk-in catchment and the cycling catchment is substantial. The site is reasonably accessible by public transport as is explained below, the proposed S106 contribution will also assist in making the site more accessible by public transport.

The design of the scheme is not considered to be high quality. However it is considered to be acceptable and the visual impact is not so great as to justify resisting the grant of planning permission. The scheme has been designed to facilitate inclusive access.

In your officers view the proposal is neutral in respect of regeneration. Neither the area nor the site needs regenerating. The proposal is within the curtilage of the Damons development, so technically conforms to the definition of previously developed land.

Social exclusion can be a material consideration. Although the site is not in an area of deprivation, there will be social inclusion benefits as a result of local people having easy access to discount food shopping; this has been referred to by those in support of the scheme.

Whilst the proposal will provide local jobs these will be offset by losses in shops from which it will take trade.

The proposal is therefore generally acceptable under the criteria of EC10.

80 Sequential Approach.

PPS 4 (policy EC15) prefers in-centre locations for retail development. Developers must show flexibility in adapting to in-centre locations through reduced car parking etc, but alternative in-centre locations must be viable, available and suitable. LPA’s must take into account genuine difficulties in operating the business model from alternative preferred locations.

Crystal Peaks Shopping Centre.

There are no vacant sites available at Crystal Peaks but there are several empty units in the former Sainsbury’s unit. The applicant argues that these are not suitable as the floorspace is spread over two floors and no single unit is large enough. They consider spreading trading over two floors is not conducive to an efficient trading operation. Whilst they have considered combining the floorspace of two units on one level, it is felt that this could leave floor space that is too small for, or unattractive to other non convenience good traders. In addition delivery arrangements to these units are shared with adjacent units and it is difficult to accommodate service docking arrangements ordinarily used by Aldi.

They also point out that there is a restrictive covenant on Crystal Peaks District Centre that restricts food operators of above 500 sqm, such as Aldi.

It is accepted that the configuration and arrangement of vacant units in Crystal Peaks and the difficulty of accommodating Aldi’s normal delivery arrangements would represent an unreasonable restriction to Aldi’s trading format.

Whilst there was a restrictive covenant on the former Sainsbury’s unit this expired in May 2009. It is also noted that there is a restrictive covenant on the Damon’s site, although the applicant is confident that they can get this removed.

The only other Aldi store we have been able to identify that operates as part an existing shopping centre is a store within Manchester’s Arndale Centre. This store is on more than one level and does not have a separate loading area. Aldi has advised that the Arndale store opened in 2006 as a trial format to achieve a presence in a modern city centre development with a high footfall. It would not be reasonable to expect such compromises to the Aldi business model at Crystal Peaks where the footfall is much lower and operating costs would be higher relative to turnover. Aldi has advised that the Arndale format has been unsuccessful due to operational and logistical difficulties and the trial has not been repeated.

Drakehouse Retail Park.

Many residents have commented that Aldi could operate from a vacant unit within Drakehouse Retail Park, which would be a preferable location. Unit 6 is currently vacant at Drakehouse Retail Park. This unit is more than 300m from the edge of the District Shopping Centre boundary and at least 650m from Crystal Peaks. There are also level differences between the site and Crystal Peaks. In planning terms this site qualifies as an out of centre site, which means it is less preferable

81 than the edge of centre Damon’s site in policy terms. It is further from Crystal Peaks and there are more barriers to movement between the two sites. Given this, it is unlikely that the Drakehouse site would support the district shopping centre, although there would be the potential for linked trips with the retail park.

West End of Crystal Peaks - Waterthorpe Site.

The previous application was refused because, at that time, it did not conform to the sequential approach. The sequential approach, as described in both PPS4 and PPS6, gives preference, within the edge-of-centre category, to sites that are well- connected to the centre. At that time a mixed development proposal was being promoted for land to the west of Peaks Mount at the west end of the shopping centre. This was to incorporate an integrated bus and tram interchange, park and ride, a discount food retailer. Later phases were to comprise of a mixed development of offices and leisure uses. This site offered better accessibility by public transport, since it would be adjacent to, and help fund a new transport interchange that would benefit the centre. The potential for linked trips was considered to be much greater for the Waterthorpe site as the proposed layout showed that the discount store would clearly be visible from a main entrance to the mall and there would be no roads for pedestrians to cross. The parking on the Waterthorpe site would also have been more likely to operate as part of the District Centre parking. The fact that the Waterthorpe site offered better accessibility than the Damons site made it preferable under the sequential approach. However PPS 4 requires sequentially preferable sites to be available, suitable and viable.

Availability.

It is now uncertain that this scheme with its relocated transport interchange will go ahead, given public concerns about developing this site, recent statements by South Yorkshire Passenger Transport Executive, the developer and politicians. Even if a new scheme is brought forward on some part of the Waterthorpe site, it is now no longer clear how any new store or parking would relate to the existing shopping centre. However, it is still likely that a store on the Waterthorpe site would be more accessible by public transport than the Damons site. Both the Waterthorpe and Damons sites are a similar distance from Crystal Peaks shopping centre. Whilst the Waterthorpe site is better served by public transport, the Damons site is served by a larger walk in catchment. Approximately 1600 people are within 500m of the site, as opposed to approximately 800 people for the Waterthorpe site. Consequently from the evidence available at this point, the Waterthorpe alternative site is not considered to be sequentially preferable.

The applicants have argued that there are doubts over the availability of the Waterthorpe site as no application has been submitted and the funding agreements are not in place. The site is owned by the Council and the Cabinet has previously agreed to release this land to Hermes, the owners of Crystal Peaks, following a cabinet report in Sept 2009. However recent statements by Hermes have made it clear that they no longer wish to develop the whole of the previously identified development site. Also the Council is reviewing whether it is willing to release any of the site to the west of Crystal Peaks shopping centre. There are

82 now therefore significant doubts as to whether the Waterthorpe site can be considered to be available.

Suitability.

The applicants have argued that development plan policies do not support the site as being suitable for a discount retailer. They point out that it lies within a Business Institution: Leisure Area in the Unitary Development Plan, where shops with a sales area of more than 280 sqm are considered to be unacceptable uses, (Policy LR3). They also argue that policy CS3 of the Core Strategy promotes offices around the Crystal Peaks transport interchange. They also point out that the site is Greenfield land whilst the Aldi site adjoining Damon’s is brownfield land.

Whilst the Unitary Development Plan (UDP) appears to preclude a retail store on the Waterthorpe site, it should be noted that the Retail policies in the UDP are largely out of date and have been superseded by Planning Policy Statement 4. This seeks to direct retail development to town centre sites first, followed by edge of centre sites. As the site is within 200m to the entrance of Crystal Peaks and close to the bus interchange and tram stop, it is clearly an edge of centre site. Whilst the Core Strategy policy promotes offices close to the interchange it does not preclude other uses and therefore is not an impediment to retail development that occupies a small part of the area. It is therefore concluded that there are no significant planning polices that make the Waterthorpe site unsuitable.

Viability.

Since the last application was considered it has become apparent that there are some significant uncertainties about the funding of the Waterthorpe scheme which requires gap funding from SYPTE and from a food discount store and Hermes. The viability of the scheme was interconnected with relocating the transport interchange. Now that this is in doubt it draws into question the viability of the scheme previously being promoted.

Conclusion on Sequential sites.

It is accepted that there are no sequentially preferable sites within the existing shopping centre. After in centre sites PPS 4 advises that second preference is for edge-of-centre sites. Whilst the Waterthorpe site was previously considered sequentially preferable there are now significant doubts concerning its availability and viability. Also as the Waterthorpe scheme is unlikely to proceed in the form previously proposed it is not possible to conclude that a discount store on this site would be better connected to Crystal Peaks shopping centre. Therefore it is concluded that the Waterthorpe site can no-longer be considered to be sequentially preferable.

As the application site is an edge of centre site and there are no sequentially preferable in centre or edge of centre sites the application satisfies the sequential approach.

83 Impact.

PPS 4, policy EC16 requires out-of-centre retail applications to be considered against:

- Impact on investment in centres. - Impact on town centre vitality and viability, including range and quality of the retail offer. - Impact on allocated sites outside centres being developed in accordance with the development plan. - Impact on in-centre trade/turnover and on trade in the wider area, taking account of spending capacity in the catchment area. - Whether it is appropriate in scale to the size of the centre. - Other impacts on centres defined in development plans.

Considering these in turn:

- There is currently no investment planned in Crystal Peaks or other centres in the catchment area that could be harmed by the proposal. The Waterthorpe Scheme and the associated public transport improvements would have contributed significantly to the vitality and viability of the centre. However, as explained above, this scheme is now so uncertain that it can be given little weight in the consideration of this application.

- The Retail Assessment shows that development of Aldi at Damon’s is unlikely to have a significant harmful impact on Crystal Peaks or on other centres or on trade in the wider area. It will have positive benefits by increasing the range of shopping in the area – there is no other major discount food retailer in the area. The Retail Assessment’s conclusion is supported by the Sheffield Retail Study, which shows that Crystal Peaks is ‘in good health’. It suggests that given overtrading from out of centre foodstores in the vicinity, there is ‘scope for a small discount foodstore to be accommodated preferably within the centre’.

- The Waterthorpe Greenway site has been allocated for development in the draft City Policies and Sites document but this currently carries no weight. There are no other out-of-centre sites that have been allocated.

- As noted above, there is some surplus in food spending in the area and Crystal Peaks is in good health.

- The proposed floorspace is a small proportion of Crystal Peaks’ existing floorspace and is unlikely to affect its role in the hierarchy of centres. Crystal Peaks functions as a District Shopping Centre, which would be expected to meet the convenience goods shopping needs of the local population. The five minute drive time catchment area is local to the site and the scale of store proposed is therefore considered to be appropriate to the role and function of Crystal Peaks.

- There are no other impacts identified in development plans to consider.

84 In conclusion the proposal will have no significant harmful impacts in terms of PPS 4, policy EC16.

PPS 4, policy EC17 states that where a proposal complies with the sequential approach and will have no significant adverse impacts under PPS4, it should be determined taking account of positive and negative impacts, other material considerations and the likely cumulative effect of recent commitments and completions.

There have been no recent commitments and completions to take account. It is also considered that the proposal will have positive impacts in improving the range of shopping in the area, reducing social exclusion by allowing local people who do not have access to a car to access a discount food store, clawing back trade from those customers who travel elsewhere for discount shopping, and encouraging linked trips with Crystal Peaks. Other material considerations are considered elsewhere in the report.

Access Issues.

In access terms the only significant change since the last scheme was considered, is that the applicant has offered to contribute £150,000 towards public transport improvements at Crystal Peaks. This has been put forward in order to respond to part of the reason for refusing the last application and policy CS 13. The reason for refusal refers to the Aldi scheme putting at risk the Waterthorpe proposal, which would secure public transport improvements at Crystal Peaks. The public transport improvements are referred to in Core Strategy policy CS 13, which states that improvements to the Crystal Peaks interchange are expected by 2016.

By offering to fund public transport improvements the applicant has addressed some of the previous concerns and the proposal is now considered to be consistent with Core Strategy policy CS13. The public transport improvements will benefit the application site, as the public transport facilities at Crystal Peaks and around the site also serve the application site. It also means that the applicant is taking a balanced approach to provision of access to the site and not just focusing on the car. Finally the improvements are also likely to benefit the wider community by increasing the accessibility of the district shopping centre and will assist in delivering improvements seen as necessary in the Development Plan.

The legal agreement will be worded in such a way that it will allow improvements to be made to the existing interchange, a relocated interchange or to other public transport facilities that serve Crystal Peaks and the application site. South Yorkshire Passenger Transport Executive have welcomed the fact that the development is close to the public transport network and consider the contribution will help to increase the accessibility of the site. They have however raised concerns about the volume of traffic generated by the development and the impact on the heavily congested network. This is considered in more detail below.

Residents have argued that changes to the road markings at junctions adjacent to the site, increased patronage to the Crystal Peaks petrol station, the earlier opening of Damons to serve breakfast, and the issuing of parking permits for the

85 site by Damons, justifies the submission of a revised transport assessment. In your officers view this is not necessary as it is considered that these factors will not significantly affect the operation of the road network or the application site. Changes to road markings at local junctions are expected to have marginally improved the operation of the local road network since the previous application. These improvements were carried out in response to complaints about poor driver behaviour and inefficient use of existing road space, which was causing unnecessary delays through these junctions. The earlier opening of Damons will not coincide with the peak periods at the supermarket and consequently will not have a significant impact on the operation of the car park. The operator of the petrol station has changed but the size of the site remains unaltered; it is considered that the change in traffic will not have altered significantly from when the station was last in use. Aldi have also confirmed that the parking permits will not be offered to other business or individuals if the site is developed for a supermarket. It is not clear what will happen to the displaced parking, however this is not a reason for opposing this application. A planning condition is proposed to enforce this.

National planning guidance on transport issues is set in Planning Policy Guidance Note 13 ‘Transport’. The key objectives are:-

- To promote more sustainable transport choices. - To promote accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling. - To reduce the need to travel, especially by car.

The Council’s latest interim parking guidelines, which are to be interpreted as maximum standards, state that up to one space per 20 sqm of floor space can be provided to serve food retail developments. This would mean that up to 68 parking spaces could be provided.

The development will utilise the existing access off Sevenairs Road. There are currently 140 parking spaces available on the site and this number would be reduced to 121 on the completion of the development. These will be shared by Damon’s restaurant and the proposed Aldi Store. There will be 7 accessible spaces, 8 child/parent spaces and 10 cycle spaces. Servicing will take the form of one articulated vehicle delivery per day and one separate delivery each day of fresh bread and milk.

The proposed store has good footpath connections to the residential areas to the east and north of the site. As a result there is a high potential for customers to walk to the site. The applicants are proposing to create an improved footpath connection from the site to Violet Avenue. This will replace the un-surfaced stepped link between the Violet Avenue turning head and the footpath that runs along the east edge of the site. A direct footpath link is also being created from the eastern site perimeter footpath to the store entrance, through the car park. These along with existing footpath connections to the adjacent residential areas will ensure that the proposed store is easily accessible by foot.

86 The store entrance is approximately 200m walking distance from the East Mall entrance to Crystal Peaks Shopping Centre. There is a pelican crossing adjacent to the site which allows for safe crossing of Eckington Way. Given this and the distance between the proposed store and Crystal Peaks it can be expected that some customers will make linked trips.

Public transport services can be accessed at the Crystal Peaks bus interchange by a covered route through the shopping centre and also at the Beighton/ Drakehouse Lane Supertram stop. These are approximately 500m and 300m walking distance respectively from the site. The route to the tram stop passes through the shopping centre car parks and involves crossing the shopping centre service roads; there is also a fairly significant level difference between the stop and the site. Whilst there are no bus stops next to the site there are bus services stopping at Skelton Land/Lilac Road, Drakehouse Lane and Waterthorpe Greenway. It is concluded that whilst access to bus stops and tram stops is not ideal, the site should be considered to be reasonably served by public transport.

There is the potential to cycle to the site particularly through the quieter residential streets to the east and north of the site. The number of cycle stands proposed is in excess of the Council’s guidelines. The applicants have said that changing facilities will be available within the building for staff.

It is considered that the site access and the junction of Sevenairs Road with Eckington Way can adequately accommodate the extra traffic generated by the development. The applicants have agreed to fund traffic regulation orders on Sevenairs Road adjacent to the site entrance to ensure that vehicles can safely access and egress the site. The applicants have also demonstrated that the servicing vehicles can turn within the site and enter and leave in a forward gear. Given the limited number of service vehicle movements, and because servicing is likely to take place either before the store is open, or when there are few customers on site, it is considered that reversing servicing vehicles should not pose a particular safety problem. A condition is proposed to limit servicing by articulated vehicles to outside of the peak store operating hours.

The applicants are keen to develop a travel plan to promote sustainable access to the site; ideally this should be linked to the Crystal Peaks District Shopping Centre travel plan. This can be secured by a planning condition.

Parking surveys were undertaken by the applicant to establish the demand for the existing car park by Damon’s as part of the previous application. These initially took place between 8am and 8pm on Friday 5th and Saturday 6th of June 2009. The maximum parking accumulation was found to be at 8pm on a Saturday when there were 90 vehicles in the car park and the car park was approximately 65% full.

The applicants have interrogated data from other stores to establish the expected demand for parking from a new food store. This indicates that the maximum parking demand on a weekday is likely to be 36 vehicles and 47 on a Saturday. The maximum demand for the car park from Aldi customers would be in the middle of the day whist the demand from the restaurant is low, until after 4pm. Combining the data from other Aldi sites and the survey data from the restaurant gives the

87 combined parking demand. This shows a maximum demand of 91 spaces on a Saturday and 96 on a Friday which equates to a maximum 82% usage. It is generally accepted that a car park will operate efficiently up to 90% capacity. The parking surveys will have taken into account staff parking as staff will also have been parking on the sites at the times of the surveys.

Representations form local residents on the previous application raised concerns that the parking surveys underestimated the level of demand when special promotions are available at the restaurant. As a result, the applicant was asked to undertake further surveys. These took place on Friday 25th September, Saturday 26th, Tuesday 29th and Thursday 1st of October 2009. The weekday surveys were between 5pm and 8pm and the Saturday survey took place between 1pm and 6pm. During these periods special offers were available.

The Friday 25th survey recorded a higher peak utilisation of the car park, at 8pm when a total of 93 vehicles were parking in the car park. When combined with the predicted accumulation for an Aldi store the peak accumulation is at 7pm when 105 vehicles are potentially parked in the car park. This equates to 88% of the revised capacity of the car park. The Saturday accumulation figures were less than those predicted using the 6th June survey data.

The highway officer made his own checks on site to verify the level of car park usage, given the conflicting information provided by the applicant and residents. These visits confirmed that the car park occupancy is very much in line with the figures provided by the applicant’s consultants. It is therefore concluded that the reduced car park provision can adequately accommodate both the demand from the restaurant and the proposed Aldi store. It should however be anticipated that on a limited number of occasions capacity may be exceeded and some overspill onto Sevenairs Road will take place. It is considered that additional parking on Sevenairs Road can be safely accommodated, provided its location is controlled. This should be possible as the developer has accepted the cost of promoting and installing a Traffic Regulation Order for Sevenairs Road to control parking. Any shortfall in parking would have the greatest impact on the operation of Damon’s, and they confirmed as part of the previous application that they are satisfied with the revised parking proposals. A condition could require the submission of a strategy for managing parking during construction to minimise the impact on the adjoining residential areas.

Some local residents have expressed concern that the parking assessment does not take account of shoppers making linked trips to Crystal Peaks or shoppers parking on the site just to visit Crystal Peaks. This is not expected to be a particular problem, as the previous parking surveys did not identify shoppers parking on the site and using Crystal Peaks as a particular problem. Whilst the parking assessment has not taken account of linked trips, the effect of this is likely to be neutral as linked trips can take place in both directions. That is, as many shoppers are likely to park within Crystal Peaks and walk to the site as are likely to do the reverse.

The impact of traffic on the highway has been assessed by considering the number of trips generated in the peak period. In the morning peak 18 additional trips are

88 expected, in the evening peak this increases to 107 additional trips and in the Saturday peak (11.00-12.00) the number is 174. Studies show that most trips to new food shops are transferring from other similar stores, diverting from other trips or already passing the site. Therefore stores result in a change in travel patterns. Taking this into account there are expected to be 85 new trips on this part of the highway network during the evening peak and 156 during the Saturday peak. Taking into account the existing traffic flows the increases are not significant enough to justify further junction assessment and the impact of the increase would not have a significant impact on the operation of the Eckington Way/Waterthorpe Greenway/Sevenairs Road junction. With regards to the traffic impact, it should be noted that the Transport Assessment figures are considered to be a worst case assessment, as no allowance for combined trips has been made, and the allowance for pass by/divert is very modest.

Residents have raised a concern about the development worsening congestion on the highway network which is particularly acute with long queues forming on Eckington Way. It is considered that the critical junction that causes the queues to form is the Eckington Way/Drakehouse Lane/Crystal Peaks junction. The worst queues occur on Fridays. As traffic from an Aldi store would disperse in various directions from the Eckington Way/Waterthorpe Greenway/Sevenairs Road junction, only a relatively small number of vehicles would pass through the Crystal Peaks junction. These proposals would result in an extra 6 trips in the morning peak and 38 trips in the evening peak passing through this junction, which is not considered to be material. Therefore this scheme should not add materially to existing traffic congestion, and there is considered to be insufficient basis for requiring the developer to contribute to junction improvements.

Amenity Impact

As the design of the store is very similar to the previous scheme the amenity impact largely remains the same. The footprint of the store has changed in that it is now slightly longer and narrower. The building and servicing area is now approximately 4m further away from the houses on Aster Close although the back of house building has increased in height by approximately 400mm. These changes will have a marginal beneficial impact in amenity terms, compared to the previous scheme and the building will appear slightly less visually imposing when viewed from the rear of the Aster Close properties. The building is 4m nearer to No 84 Drakehouse Lane West, as it has been elongated. However the main aspect from this property is not directly across the site. As the site slopes from north to south and the building has been lengthened by 5m, the most southern bay of the building is approximately 600/700 mm higher than highest part of the previous scheme. This part of the building is some 33m from the nearest residential property that looks on to it. The marginal increase in height is outweighed by the benefit of increased separation from the housing and consequently the overall amenity impact of the amended scheme is less than the previous design.

Unitary Development Plan policy H14, ‘Conditions on Development in Housing Areas’ states that sites should not be over-developed or deprive residents of light, privacy or security. Non-housing uses should not lead to air pollution, noise, smell,

89 excessive traffic levels or other nuisance or risk to health and safety for people living nearby. Development should also be on a scale consistent with the residential character of the area or meet primarily local needs.

This section considers the impact of the development on the amenities of the immediate residential neighbours. Of particular significance is the potential for noise impact and whether the building will result in overshadowing/loss of light or appear overbearing.

The residents most likely to be affected by these issues adjoin the eastern site boundary. The rear/side gardens of residential properties on Aster Close and Drake House Lane West adjoin the site and some properties on Violet Avenue face towards the site.

A noise assessment has been carried out to assess the impact of noise during food deliveries and from mechanical plant.

The opening hours of the store are proposed to be;

- 9am -7pm Mon to Wed. - 9am – 8pm Thur and Fri. - 8.30am- 6pm on Sat. - 10am – 4pm on Sundays and Bank Holidays.

The applicant is willing to restrict the delivery hours to the following;

- 8am – 9pm Mon to Sat - 10am – 6pm Sundays and Bank Holidays.

Deliveries will consist of one articulated vehicle per day and one delivery each of fresh milk and bread. The service bay is located on the east side of the building which faces the nearest residential properties on Aster Close. As stated above the delivery area has been moved further away from the residential properties. At the nearest point it is 32m from the rear house wall of No 25 Aster Close, 4m further away than it was in the last scheme. The loading bay is cut into the ground by approximately 1m so that goods can be loaded directly from the back of the vehicle into the building. A 2m high acoustic screen is proposed on the east side of the service bay to screen noise. Aldi has advised that all deliveries take place internally, except some refuse collection. Vehicles reverse up to the building and load directly into a rubber shroud to help contain noise. Aldi have also indicated that reversing alarms will be turned off as customers will not generally be on site when deliveries are being made. Officers have reservations about the safety implications of silencing alarms; however the Environmental Protection Service has confirmed that if complaints arise as a result of the use of these alarms, they would look to Statutory Nuisance powers to resolve any issues.

A survey of background noise levels has been undertaken to establish the existing noise climate. The noise levels from plant and deliveries have been determined by recording actual noise levels at other operating sites. The noise assessment predictions suggest that the generated noise will be lower than the existing

90 background noise levels. The noise levels inside habitable rooms will be within recommended levels. The noise survey therefore concludes that noise associated with deliveries and plant is unlikely to give rise to complaints.

However, the Environmental Protection Service (EPS) has advised that the assessment may not fully characterise the noise produced by revving engines, delivery noise and waste collections and the applicants have also assumed that reversing bleepers will be switched off. EPS would therefore wish to see delivery times restricted so that they do not occur before 8am Monday and Saturday and 9am on Sundays, with no deliveries after 11pm. The applicants have agreed to more restricted hours of servicing as listed above. Given this, the fact that servicing takes place largely within the building, and the limited number of deliveries, it is considered that noise should not have a significant impact on residential amenity. There is no reason to believe that vibration during deliveries should be a problem given the separation from residential properties.

At the nearest point the back of the building will be 30m from the rear elevation of houses on Aster Close, 4m further away than with the previous scheme. At this point residents would be faced with a wall approximately 16m long and approximately 2m higher than the eaves of an average house. This is the worst relationship between the building and existing housing, as in other areas the building is further away, and angled way from the residential properties.

Cross sections have been supplied to show the relationship between the existing houses and the new store. The outlook for those residents of Aster Close that overlook the site will clearly be worsened as the current open aspect over a car park and mown grass areas will be replaced with a sizable commercial building and associated landscaping. However in the worst case it is considered that the proposed building will not be so overbearing and harmful to their outlook that it justifies refusing planning permission.

Given that the building is located to the west of houses on Aster Close the applicant has been asked to assess the impact on sunlight and overshadowing. The assessment has been updated to reflect the revisions to the building footprint. 3D views of the site have been produced showing the shadows at 10am, 2pm and 5pm for April, July October and December. The analysis shows that in April the building does not cast any shadows over the residential properties until late afternoon. By 5pm the shadows cast are no greater than those cast by existing structures, except for a small increase in the area in shadow of the garden of No 21 Aster Close. The impact is not significantly different from that of the previous scheme. In July the development does not cast shadows beyond the site boundary. In October the development does not cast shadows over the residential properties in the morning or early afternoon, by 5pm the sun is close to setting and the shadows are scarcely visible approaching dusk. At this time the gardens of the Aster Close properties are in shadow but the development would create some additional shadows on the west elevation to numbers 21, 23 and partially to number 32 and the extension to number 34. In December the morning daylight is unaffected by the proposal; in the afternoon the shadow of the building is cast on to the garden boundary fence, but this is already casting a shadow over the garden and there is no further effect from the building. At 5pm the sun has already set and

91 therefore there are no shadows visible. There are some limited effects around winter and close to sunset but it is concluded that the proposal will not have a significant negative impact on natural daylight to the adjacent residential properties.

Overlooking and loss of privacy is not a significant issue. The only windows which face towards residential properties are those that form part of the store entrance. There is no direct line of sight between these windows and residential habitable windows near the site. Car parking is no closer to residential properties than it is at present. Car parking close to the rear boundaries of 21, 23, 25 and 34 Aster Close will be replaced by landscaping.

Residents have suggested that the store will be a focus for anti social behaviour with youths hanging around the site. Whilst these concerns are understood, they are more usually associated with corner shops than supermarkets. In this case there will be good natural surveillance of the building entrance and car park, and new lighting columns will be introduced across the site. A CCTV camera system is also proposed, and the applicant has indicated that the local crime prevention officer will be involved throughout the design process. The Police Architectural Liaison Officer has commented on the last application saying that the issues of safety and security have been addressed at the design stage and the scheme has not fundamentally changed since then. He did suggest that boundary treatment or defensive planting might be appropriate along the eastern boundary of the site to reduce the vulnerability of vehicles in the car park. However it was considered that providing fencing or defensive planting adjacent to the existing footpath could adversely impact on the pedestrian environment and safety. Taking the above into account it is considered that the risks of the site becoming a focus for anti social behaviour are limited and are not sufficient of a concern to justify resisting this scheme.

The potential for light pollution is a consideration. The applicants have indicated that the lighting will be designed in accordance with the Institution of Lighting Engineers Guidelines on the reduction of obtrusive light. Lighting will be turned off when the building is not in use. The details of the external lighting scheme can be controlled by condition. It should also be noted that the existing footpath and car park is already lit.

Concerns have been expressed that the development will make the footpath that runs along the eastern boundary of the site unsafe. This is a well used link for accessing Crystal Peaks shopping centre via the Eckington Way pedestrian crossing. For two thirds of the length of the footpath the proposed store will not adversely affect the public safety along the footpath. In fact the CCTV coverage and additional surveillance/activity is likely to benefit public safety. However along the southern third of the footpath the store encroaches within 12m of the edge of the path and there will be landscaped embankments sloping away from the path at a gradient of 1 in 3. The adjacent part of the store is the ‘back of house’; consequently there will be no surveillance from the store. The footpath will feel less open than at present and less overlooked as the store will screen it from Eckington Way. This is only likely to be an issue at night or when the store is closed. In discussion with the Council’s landscape architects, the applicant has

92 designed the landscaping so as to create an attractive scheme, but minimising the impact on public safety. At the pinch point between the building and the footpath there will be grass and shrub beds nearest the footpath with shrubs that mature to between 0.45m and 1m high. As a result there will be a reasonably spacious zone either side of the footpath with a more open character, approximately 8-9m wide overall. The narrowing of the building has allowed the footpath to be opened up a little more. Therefore, it can be concluded that the development will slightly worsen security along the southern third of the footpath. However given that a relatively spacious open zone will be retained along the footpath route, and it is a straight route, with a clear visibility along its length, it is considered that the impact is insufficient to justify opposing this scheme.

There will undoubtedly be some noise and possibly dust during construction. In the BREEAM pre-assessment submission the applicant has indicated that the development will be managed under the Considerate Constructors Scheme. Aldi has also indicated that they will adopt best practice for monitoring construction site impacts, including in respect of air pollution. It is considered that temporary disturbance that might be expected during construction is not sufficient reason to oppose the application. If problems do arise the Councils Environmental Protection Service has powers to resolve the issues.

A supermarket chain such as Aldi is unlikely to store waste in such a way that is likely to be harmful to residential amenity through smells and vermin. In the unlikely event that such problems did arise there is environmental health legislation to ensure satisfactory standards are maintained.

The National Air Quality Standards set air quality limits that are considered acceptable in maintaining human health. The amount of traffic attracted to a relatively small development such as this is unlikely to have a significant impact on air quality.

Sustainability Issues.

Core Strategy Policy CS64 seeks to ensure new buildings are designed to reduce emissions of green house gases. The commentary on this policy says that to satisfy this policy, non-residential development over 500sqm gross internal floor space should achieve a BREEAM rating of very good.

Core Strategy 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 sources. They will also need to generate further renewable or low carbon energy, or include design measures sufficient to reduce the developments overall predicted carbon dioxide emissions by 20%, unless this can be shown to not be feasible or viable.

Core Strategy Policy CS67 requires all new development to limit surface water run off. On sites of less than 1 hectare surface water run off must be reduced as far as is feasible by design measures.

93 The applicants have produced a BREEAM pre assessment which shows they should be able to achieve a BREEAM very good rating for this site. A condition could be attached that will ensure the development achieves this standard and therefore meets the policy. The applicants have also set out how they incorporate sustainability initiatives in the design of the stores, such as, through the sourcing of materials, specification of finishes, and the use of recyclable materials. They have also listed examples of how they operate in a sustainable way, such as by minimising deliveries.

The applicants are not proposing to generate renewable or low carbon energy on the site. They are however intending to provide a heat recovery system which will recover heat from the food refrigeration circuits that would otherwise discharge to the atmosphere. It is anticipated that 100% of the heat load of the building can be satisfied by the heat recovery system. They have estimated that the energy needs of the foodstore would be 513,941 kwh per year, and it is anticipated that the heat recovery system would recover 115, 416 kwh per year.

The assessment of carbon dioxide emissions shows that the Target Emission Rate will be reduced by 26%. This is greater than the 20% required by policy CS 65. Therefore whilst the scheme does not meet this policy in terms of the generation of renewable energy, it does reduce carbon dioxide emissions more than is required and also a significant proportion of the buildings heating demand will be met by the low carbon energy recovery system. In combination these factors make the proposal acceptable in terms of terms of this policy.

The site area is just less than 1 hectare and therefore the design should seek to reduce surface water run off as far as is feasible. A condition can be attached requiring details of a scheme to reduce surface water run off and a sustainable urban drainage scheme to be submitted for approval, unless this is not feasible or practical. The applicants have agreed to a condition that would reduce surface water run off by 30%.

Design Issues.

The design of the building is very similar to the previous scheme. The main store building has been narrowed but also lengthened by one bay. The amount of render has been reduced and the area of brickwork increased. The effect of lengthening the building is that it responds less well to the sloping site. The applicants have been asked to consider introducing another step in the building so that it responds better to the sloping site, but this is not feasible given the need to maintain level floors and ceilings and facilitate disabled access throughout the site. A very small step could be achieved whilst meeting the above points but it is considered that this would not be significant enough visually to be worthwhile. Increasing the proportion of brickwork is beneficial as this is predominant facing material in the locality and brickwork will weather better, particularly at lower levels. Whilst the increase in the length of the building will have a negative visual impact the change in materials is beneficial. Overall the design alterations will have a largely neutral impact when compared with the previous scheme.

94 Unitary Development Plan policy H14 states that new buildings should be well designed and in scale and character with neighbouring buildings. Policy BE5 states that good design and the use of good quality materials will be expected in all new and refurbished buildings. Core Strategy policy CS74 states that high quality development will be expected which would enhance the distinctive features of the city, including the townscape character of the city’s neighbourhoods, with their associated scale, layout, built form, building styles and materials.

To the west of the site are the larger commercial developments of Crystal Peaks district centre, the retail park and leisure uses, these are generally faced in brick and metal cladding. To the east there is an area of predominately two storey brick faced housing with pitched roofs. The site is already occupied by a commercial use and has a main road frontage. In townscape terms it forms a transition between the larger scale commercial developments to the west and the domestic scale residential development to the east.

The building has been sited so that it addresses and reinforces the main Eckington Way Road frontage. During the processing of the previous application, the building was elongated and made narrower, the levels reduced and building height suppressed, in order to minimise the visual impact on the residential properties to the east.

The site slopes from north to south. Although by necessity, the building has a single floor level, the entrance bays have a higher parapet, so that the building appears to step down the site with the topography. As referred to above the design would benefit from an additional step down, but this is not feasible. In order to reduce the visual mass of the elevations the ground level is banked up and landscaped at the southern end of the building.

The eaves height for most of the store is 5/6m which is similar to the eaves height of two storey dwellings, although the ground level has clearly been raised on the southern part of the site by some 2m. The back of house area adjacent to the residential properties steps down approximately 1.4m in order to reduce the impact. Given that the building fronts onto a main distributor road the scale of the building is considered to be appropriate for its context.

The proposed store has been designed with a glazed entrance that faces towards Damon’s entrance and incorporates a shared pedestrian forecourt. The glazing wraps around the east and west elevations and will help to create a more visually pleasing and active frontage to the main road.

The main part of the building is faced in red brickwork with white render at high level and clerestory glazing along the Eckington Way frontage. The Eckington Way elevation is divided into a series of panels which are sub-divided by projecting brick piers. These will help to break down the massing of the building. The south and east elevations are faced in brickwork and also sub-divided into panels by projecting brick piers.

The design of the building is simple and fairly contemporary. A pitched roof does not form part of the design as one of the key objectives is to minimise the scale

95 and impact of the building on the housing to the east. The glazed frontage to the building is important in that is marks the entrance and helps to create a legible townscape, whilst providing some activity to the street frontage. Both the south and part of the east elevation will have a galvanised mesh clipped to the wall to encourage climbing plants establish. This includes the back of house wall nearest the residential properties. The intention is to green these walls and in the longer term this will help to soften the appearance of the development.

Whilst the building is not an example of high quality design, and therefore does not fully meet the design guidance, it will not appear out of character within its context, and the design and materials are considered to be appropriate for this transition site.

Green Space and Landscaping.

The existing green space on the site occupies approximately 1650 sqm. Approximately 784 sqm will be lost to the proposed building, whilst approximately 376 sqm of car parking space will be converted to green space. The net change will therefore be a reduction of approximately 408 sqm which is almost the same as the previous scheme. There is no doubt that this green space is well maintained and provides a pleasant space/outlook for the residential properties that face the site and for those using the footpath or passing the site. The majority of the green space affected comprises of short mown grass, there are no mature trees affected and the limited areas of ornamental shrub planting affected were planted when Damon’s was developed in the mid 1990s.

Due to the loss of the existing green space the applicants were asked to submit a detailed landscape scheme. This is so the quality of the proposed replacement landscaping can be judged at the time that the application is determined. The Council’s landscape architect has assessed the submitted scheme and is satisfied that it is of a good standard. The existing hedge to Eckington Way, which forms an attractive boundary to the site, will be retained. The new planting scheme will be visually interesting and will be more bio-diverse than the existing. It will also include a significant number of new semi-mature trees, which will have a wider landscape benefit as they mature.

Whilst the proposed landscape scheme is considered to be higher quality than existing, many residents will see the construction of a building on part of the green space as harmful, in that they will view the development as reducing the openness and spaciousness of the area. However, as this space is not protected by policy and the overall visual impact of the scheme is considered to be satisfactory, it is considered that this does not justify opposing the proposal.

SUMMARY AND RECOMMENDATION

The construction of a food discount store will bring benefits to the area in that it will expand shopping choice, claw back expenditure, encourage linked trips, and reduce social exclusion. It is also consistent with retail shopping policy in that there are no sequentially preferable sites and the retail impact is considered to be acceptable.

The site is accessible by a choice of means of transport and the section 106 contribution will help to improve the accessibility of the site, Crystal Peaks as a whole, thereby delivering some of the transport improvements sought by Core Strategy policy CS 13. Although the network is congested at peak time the amount of traffic generated by the development would not have a significant impact on the highway network. Most of the time customer parking is likely to be accommodated on site, on the limited occasions when this is not the case, the overspill parking can be accommodated on street without significant detriment to traffic and pedestrian safety. Although there may be a limited amenity impact if some customers park on the wholly residential roads, such as Violet Close.

The design of the building is considered to be acceptable, although not high quality. There is likely to be some limited additional noise disturbance during deliveries and the outlook for residents that look over the site will be worsened. The setting of the footpath that crosses the site will be adversely affected and it may be slightly less safe for users at certain times. This should be balanced against the improved surveillance from the more intensive use of the site, and the applicant’s security measures. However, all these amenity impacts are considered to be within the bounds of acceptability and not sufficient to justify refusing planning permission.

The previous scheme was refused because at that time a scheme was being progressed for a sequentially preferable alternative site at the west end of Crystal Peaks that would have delivered an improved transport interchange. It was considered that the Aldi proposal would have put this scheme at risk and hence the strategy for maintaining and enhancing the vitality and viability of the centre and the strategic transport objectives which this scheme is intended to secure. There is now significant uncertainty that this scheme will proceed and the site can no longer be considered to be sequentially preferable. Given this the previous reason for refusal is no longer considered to be sustainable.

It is concluded that there are no significant planning policy, access or design reasons for opposing this application. There will be some amenity impacts on the neighbours who live next to the site and the open spacious character of the site will be lost, but these are not considered to be so significant that they justify refusing planning permission. These dis-benefits are considered to be out weighed by the benefits of the scheme. It is therefore recommended that planning permission be granted subject to the recommended conditions and the applicant entering into a section 106 agreement to secure the following heads of terms.

The heads of terms listed below are considered to meet the statutory requirements for S106 agreements that are to be given weight in determining a planning application. These are, it must be;

- Necessary to make the development acceptable in planning terms. - Directly related to the development; and - Fairly and reasonably related in scale and kind to the development.

97 In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in below is not concluded before 15th Sept 2010 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Heads of Terms.

A contribution of £150,000 to be used for the provision of an improved public transport interchange at Crystal Peaks Shopping Centre or other improvements that will increase/improve sustainable public transport access to Crystal Peaks Shopping Centre and the application site.

Case Number 10/02067/FUL

Application Type A Full Planning Application

Proposal Use of building as shop (A1 Use Class) and cafe (A3 Use Class) including provision of new shop front

Location 8 Stretton Road Sheffield S11 8UQ

Date Received 06/07/2010

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 noise, smells, loss of privacy and general disturbance which would be generated by the use of the building for the purpose of a shop and café. The proposal is therefore contrary to policy H14 of the Unitary Development Plan.

99 Site Location

100 LOCATION AND PROPOSAL

The site comprises a vacant, two-storey stone building with a pitched slate roof that fronts directly onto Stretton Road. The last use of this building was for office purposes. At the front there is a garage door with a window above and a separate pedestrian door with a window at the side. There are two windows at first floor level along with windows at ground and first floor levels at the rear and side which faces south. Immediately adjoining the site to the north, a single dwelling is being constructed and all neighbouring uses are residential. There is a small piece of land to the north that is included within the site boundary that is currently used, on an informal basis, as part of the private garden of 190 Psalter Lane, which adjoins the application site.

Stretton Road is a short road that links Psalter Lane with Penrhyn Road and the only two buildings that front onto it are the application site and the new house being built next door.

This application proposes a change of use to retail (class A1) and a café (A3) with a new shop front that would be open from 08:00 to 22:00 hours every day.

The new shop front would involve the removal of the doors and windows at ground floor facing Stretton Road to be replaced by a single door and two shop front windows with a fascia above and a column either end.

REPRESENTATIONS

14 letters of objection have been received from local residents:

- Negative impact on the character of the Nether Edge Conservation Area because of increase in activity in a quiet area. - The first floor windows at the rear directly overlook the gardens of adjoining houses, which would be a loss of privacy. - There would be noise and disturbance from customers, smells, deliveries and associated activities. - The opening hours are excessive that would compound disturbance caused by the change of use. - There is a lack of space to store and dispose of waste. - The area is already well served for shops and cafes at Ecclesall Road and there is no need for more. - Smokers would congregate at the front. - Extra parking demand on Stretton Road would make the area more dangerous for pedestrians. - Existing traffic restrictions are ignored and this proposal would make this situation worse. - Extra pressure on limited street parking spaces. - Stretton Road is already used as a short cut by commuters and this would get worse. - Disruption to traffic by delivery lorries parking on the road.

101 RELEVANT PLANNING HISTORY

93/00538/FUL - Alterations to building for use as a dwellinghouse granted on 02/08/93.

PLANNING ASSESSMENT

Land Use Policy

The adopted Unitary Development Plan (UDP) shows that the site is within a housing policy area. Policy H10 of the UDP confirms that small shops (A1) having less than 280 sq.m. of sales area and food and drink outlets (A3) are acceptable uses in housing areas.

The Sheffield Development Framework Core Strategy has been adopted but none of the policies are directly relevant.

National guidance in the form of Planning Policy Statement 4 – Planning for Sustainable Economic Growth, requires proposed retail uses outside shopping centres to carry out a sequential test to identify whether or not available retail space is available in a shopping centre and establish if the proposal would harm that centre. The maximum potential retail sales area would be 29 sq.m. which is very small and it is considered this is too small to be within the scope of PPS4.

External Appearance and Impact on the Conservation Area

Policy H14 of the UDP requires changes of use and new development to be well designed and in keeping with the character of the area. The site lies within the Nether Edge Conservation Area and Policies BE15 and BE16 seek to ensure that new development does not harm the character and appearance of Conservation Areas.

The only alteration to the external appearance of the building would be the new shop front. This takes its design cues from a traditional shop front with columns either side of the fascia although the separated window arrangement could be improved to have a more traditional character. This alteration would render the new shop front acceptable in the Conservation Area.

Potential Noise, Disturbance and Loss of Privacy

Policy H14 of the UDP says that the amenity of adjoining occupiers should not be harmed. This is the most important issue with this application and it is considered that neighbours would suffer unacceptable levels of disturbance for a number of reasons, which would be contrary to Policy H14 of the UDP.

It is proposed to use the ground floor as a general store with the first floor as a café and these would be open from 08:00 in the morning until 10:00 at night every day. There is also an area of land at the side of the building which has an open boundary with the garden of 190 Psalter Lane, which might be used in association with the proposed uses. There is potential for noise and disturbance from early in

102 the morning until late in the evening, which would have a severe impact on the quality of life for those living near the site, particularly at 190 and 190A Psalter Lane and future occupiers at 6 Stretton Road, the new house next door. This disturbance would be from noise from staff and customers, cooking smells, deliveries and preparation and clearing away of kitchen utensils and plates. This would be particularly noticeable in the mornings, evenings, Sundays and Bank Holidays, when residents should be able to expect peace and quiet in a housing area.

It is possible that the land adjacent to the buildings included within application could be used in connection with the café use, although this is not specified as part of the proposal. This would impact strongly on the enjoyment of the rear gardens of 190 and 190A Psalter Lane by way of noise, disturbance and loss of privacy as there is an open boundary with 190A Psalter Lane.

The café would be on the first floor, where there are windows that overlook the rear gardens of 190 and 190A Psalter Lane. This would result in an unacceptable loss of privacy that would occur every day.

This loss of amenity to neighbours is unacceptable and contrary to Policy H14 of the UDP.

Access and Parking

Policy H14 of the UDP says that changes of use and new development should have an acceptable level of parking. The lack of available parking on the street is a matter of concern to local residents who assert that the proposal would result in a significant increase in traffic and parking demand and increase danger to pedestrians.

The residents’ concerns are valid but, given the size of the proposal, it can only accommodate a limited number of customers and this would limit the number of vehicles generated. It is also likely that many people visiting the premises would walk there as a facility such as this would serve a local area, where it would be only a short walk away.

It is accepted that there would be some increase in demand for parking on the street and extra vehicle movements, but given the high levels of traffic in the area, these changes would not be significant enough to merit refusing the application on these grounds.

SUMMARY AND RECOMMENDATIONS

This application proposes the use of a former office, which is now vacant, for a shop and a café open from 08:00 to 22:00 hours every day. There would also be a new shop front.

This would result in an unacceptable level of noise and disturbance and a loss of privacy to adjoining residents that would be contrary to Policy H14 of the UDP. The application is, therefore, recommended for refusal.

103

Case Number 10/01929/FUL

Application Type A Full Planning Application

Proposal Use of pavement for external seating area with banners and awnings

Location 29-31 Campo Lane Sheffield S1 2EG

Date Received 22/06/2010

Team CITY CENTRE AND EAST

Applicant/Agent Melling Ridgeway And Partners

Recommendation Grant Conditionally

Subject to:

1 The external seating areas identified on the approved plan (received 22.06.2010) shall only be used between 0830 hours and 2200 hours Monday to Sunday. The furniture shall be stored away by 2215 hours Monday to Sunday.

In the interests of the amenities of the locality.

2 Before the development commences details of the pavement barriers shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details thereafter.

In the interests of the visual amenities of the locality.

3 The outdoor seating area shall only be used until 13 September 2011. Thereafter the area shall revert back to pedestrian footway unless otherwise authorised in writing by the Local Planning Authority.

In order to monitor the use of the area in the interests of pedestrian safety.

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

Drawing ref 4690/401 received on 22/06/2010

unless otherwise authorised in writing by the Local Planning Authority.

104

In order to define the permission.

Attention is drawn to the following justifications:

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

The proposed seating area meets the aspirations of both the Urban Design Compendium and the Cathedral Quarter Action Plan and is considered to comply with Policies IB7 and IB9 of the UDP.

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.

2. As the proposed development includes 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. If your planning application involves the construction or alteration of an access crossing, this planning permission does not automatically permit the layout or construction of the access crossing in question. For access approval and specification you should contact the Highways Co-ordination Group on Sheffield 2736136.

105 Site Location

106 LOCATION AND PROPOSAL

The application site comprises of a bar and restaurant located on the ground floor of St James House, an office block at the junction of Campo Lane and Vicar Lane, within the Cathedral Quarter of the City Centre. The site is bounded by the City Centre Conservation Area to the north and situated within a Business Area as defined by the Sheffield Unitary Development Plan (UDP).

To the east of the application site, across Vicar Lane, is a seven storey development with ground floor commercial uses and residential accommodation on the upper floors. Further residential accommodation is located across Campo Lane to the north (Crofts Buildings) and to the north west of the site. The majority of other premises in the vicinity of the site are in office use with some ground floor commercial space.

Planning permission is sought for the use of an area of pavement adjacent to the site for outdoor seating. The area, which measures approximately 15 metres long by 1 metre wide and is split into two sections either side of the central entrance door, can accommodate four small tables, each with two chairs. The proposal also includes the erection of four retractable awnings and four low-level café screens.

RELEVANT PLANNING HISTORY

07/01436/ADV - Advertisement consent was granted in June 2007 for the provision of non-illuminated logo signs on four retractable awnings and low-level café screens.

07/01434/FUL - An application for the provision of retractable awnings, use of pavement as outdoor seating area and provision of enclosure screens was granted in July 2007 for a temporary period of 3 months. Not implemented.

SUMMARY OF REPRESENTATIONS

No representations were received in connection with the proposed development at the time of writing this report.

PLANNING ASSESSMENT

Land Use

Policy IB7 of the UDP (Development in Business Areas) describes restaurant/bar uses as acceptable in Business Areas. The expansion of this existing use is therefore supported in principle by Policy IB7. Similarly, both the Urban Design Compendium (UDC) and the Cathedral Quarter Action Plan (CQAP) encourage cafe, restaurant and bar uses within the Cathedral Quarter in order to create activity and provide for existing business and the increasing residential population.

107 Amenity and Highway Issues

Policy IB9 (Conditions on Development in Industry and Business Areas) states that new development should not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions and should provide safe access to the highway network.

It is considered that the proposed outdoor seating area is of a scale which is unlikely to cause significant disamenity through noise. However, in order to prevent the outdoor seating area from having a harmful impact upon the amenities of neighbouring residents, the applicant has agreed to remove the outdoor seating area by 10pm.

One of the main issues when assessing outdoor seating is the availability of sufficient pavement space to accommodate the seating area without causing an obstruction to normal pedestrian flow. The proposed seating area has been designed so that two metres of footway are retained to ensure the free and safe flow of pedestrian traffic. However, as with the previous planning application for outdoor seating (07/01434/FUL), which was never implemented, there are concerns that the seating area will not be able to operate within the limited 1 metre space applied for. To enable Officers to monitor the situation, it is again recommended that consent be given for a temporary period, this time for 12 months.

Design

The outside seating area is limited in scale and creates activity within the street scene which is supported by the UDC and CQAP. The principle of erecting retractable awnings has been accepted in the past and again it is considered that they are generally in keeping with the proportions and appearance of the existing building. Details of the screens around the seating are reserved by condition so that they comply with the standard Sheffield City Centre design.

SUMMARY AND RECOMMENDATION

The proposed seating area meets the aspirations of both the Urban Design Compendium and Cathedral Quarter Action Plan and has been designed to allow sufficient space for pedestrians to continue to use the footway with ease. The proposal accommodates a limited number of 8 covers and has restricted hours of opening ensuring any noise impact on surrounding residents is managed. However, because of concerns that the seating area will not be able to operate within the limited 1 metre space applied for, to enable Officers to monitor the situation, Members are recommended to grant planning permission for a temporary period of 12 months subject to the proposed conditions.

108

Case Number 10/01877/FUL

Application Type A Full Planning Application

Proposal Provision of solar panels to roof of dwellinghouse

Location 23 Albany Road Nether Edge Sheffield S7 1DN

Date Received 07/06/2010

Team SOUTH

Applicant/Agent Paul Goudge Design

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed installation of solar panels would by reason of their siting, external appearance and detailing have a detrimental impact upon the character and appearance of the dwellinghouse and the Nether Edge Conservation Area and are contrary to the aims of Policies BE15, BE16, BE17 and H14 of the Unitary Development Plan and Planning Policy Statement 5 (Planning for the Historic Environment).

109 Site Location

110

111

LOCATION AND PROPOSAL

The application site is located to the west of Albany Road, within the Nether Edge Conservation Area. In addition the site is covered by the Article 4 Designation which applies through the Conservation Area. The site is allocated in the Unitary Development Plan as being within the Nether Edge Housing Area.

The planning application seeks consent for the installation of 12m² of solar panels to the south facing side roofslope of the dwelling. The application also initially proposed a conservation style velux rooflight on the front facing roofslope. However, this element does not need planning permission and has therefore been removed from the application.

RELEVANT PLANNING HISTORY

There are no previous planning applications relating to the site.

SUMMARY OF REPRESENTATIONS

One letter of objection has been received from a resident of Steade Road. The comments can be summarised as follows:

112 - The solar panels would detract from the appearance of the dwellings' features, which the Article 4 Direction is designed to protect. The panels would be visible from the street scene of Albany Road. Panels project by 150mm from the roof. - Not demonstrated how the reduction in the carbon footprint outweighs loss of historic amenity. - The more expensive solar slates would not be in keeping with Conservation Area. - Support along road means it is important that the application is refused. - Lengthy period to repay initial investment.

One representation has been received relating to the application from a near neighbour, fully supporting the application.

In addition Cllr Creasy has provided comments in support of the application. These can be summarised as follows:

- The house is in a Conservation Area and the solar panels will be visible from the road. The question of whether they detract from the character of the house and road is subjective, and in the Cllr’s opinion they would not. - They would clearly be an addition. Nothing is removed from the house, such as when windows or doors are replaced. - The marrying of the best of the ‘new’ and ‘old’ is visually pleasing. - Panels will not be particularly visible when looking at front of house, only when looking from the side. - It would set a precedent, but there would be no problem if other houses were to do the same. - Planning Policy Statement 22 encourages sustainability, which must be balanced against PPS5 which protects historic buildings. The environmental issue is of more significance than the historic conservation issue due to the ultimate effects. Assessment is a subjective judgement. - Many houses have already been altered.

PLANNING ASSESSMENT

The application site is located with Nether Edge Conservation Area, as such the proposal is subject to UDP Policies BE15 ‘Areas and Buildings of Special Architectural or Historic Interest’, BE16 ‘Development in Conservation Areas’ and BE17 ‘Design and Materials in Areas of Special Architectural or Historic Interest’ of the Unitary Development Plan. In addition UDP Policy H14 is relevant. Several national planning statements are also relevant to the assessment of the proposal, which are addressed later in this report.

Design Issues

Policy BE15 states development which would harm the character or appearance of a Conservation Area will not be permitted.

Policy BE16 requires developments to preserve or enhance the character or appearance of the Conservation Area. It also states that buildings which make a

113 positive contribution to the character or appearance of a Conservation Area will be retained.

BE17 requires a high standard of design using traditional materials for alterations to existing buildings.

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

Specifically Albany Road is set within the Kenwood sub-area of the Nether Edge Conservation Area. As stated above it is covered by the Nether Edge Article 4 Direction, meaning that permitted development rights are removed from residential properties. The Nether Edge Conservation Area Appraisal describes the Kenwood sub-area as having a rich blend of qualities that combine to give the area a highly attractive visual character. The vast majority of its streets date from the 19th Century, and whilst the area has different periods of development, individual streets have considerable unity, reinforced by common style, form, scale and/or materials.

The majority of Albany Road consists of two storey/three storey detached stone fronted Victorian terraced houses with slate roofs. The three storey dwellings, which include the application premises, have pitched gables with overhanging eaves, decorative timber bargeboards with two storey canted bays and a window within their gable. The two storey dwellings have a pitched roof.

The gables project forward in a uniform manner, setting a rhythmic repetition. This is considered to be a very strong characteristic of the road, and it is considered that this specific element should be preserved. The road itself gently rises from south to north and is tree lined.

The submitted application seeks consent to install 12m2 of solar panels on the south facing elevation of the property’s gable roof. They would protrude above the plane of the roof by 150mm.

The proposed panels would have a significant visual prominence on the streetscape. They would unduly dominate the appearance of the property, with it’s light stone frontage and slate roof. Therefore, the panels would be considered to have a jarring effect on the uniform appearance of the street scape. The property is in close proximity to the highway, thus increasing this prominence and the impact of the proposed development.

The road is proportionately narrow in relation to the height of the properties, and the rising topography would serve to increase the impact of the solar panels. Additionally, the attractive stone gable frontage with its overhanging eaves and decorative bargeboards, which are typical of the surrounding houses draw the eye to the specific area where the proposed panels would be located.

Overall, it is considered that the proposed solar panels would erode the low key nature of the slate roof and would compete visually with the gable. They would make the roofscape appear more cluttered to the detriment of the existing dwelling

114 and the wider streetscene, as well as the Conservation Area. The panels would have a glossy finish which would introduce an alien feature into the Conservation Area, and due to the reflective nature would tend to reflect the light, giving them unwanted prominence. In design terms this would be at odds with the appearance of the traditional roofing materials.

Potential alternative locations have been discussed and ruled out as unfeasible. A reduction in the number of panels would not be considered to address the impact on the character and the appearance of the Conservation Area, since the panels would continue to be visually jarring. The south facing nature of the roofslope in question makes it the only viable position for the panels as a less prominent location would not benefit from sufficient sunlight hours. Installation in the rear garden was thought by the Applicant to be impractical due to the small size of the garden and the size of the support structure needed to lift the panels to gain sufficient sunlight hours.

It is also important to consider the argument that the current proposal could set a precedent for similar development in the Conservation Area. Whilst it is imperative to treat each application on its individual merits, there is a strong concern that approval of the current proposal could quite legitimately be used to support a similar scheme. Permitting this development would certainly make it more difficult to resist further planning applications for similar development. The cumulative effect of similar development proposals would frustrate the policy based desire to preserve or enhance the character or appearance of the Conservation Area.

It is considered that the solar panels would not preserve or enhance the character and appearance of the Conservation Area, thereby being contrary to UDP Policies BE15 and BE16. Similarly Policy BE17 would not be satisfied as this requires a high standard of design which uses traditional materials. Also for these reasons the proposal would be considered to not comply with the requirements of Policy H14.

As stated above there are several policies within central government guidance covering these issues. Planning Policy Statement (PPS) 5 covers Planning for the Historic Environment, and Policy HE1 addresses ‘Heritage Assets and Climate Change’ stating that “Where a conflict between climate objectives and the conservation of heritage assets is unavoidable, the public benefit of mitigating the effects of climate change should be weighed against any harm to the significance of heritage assets in accordance with the development management principles in this PPS and national planning policy on climate change.”

The accompanying Historic Environment Planning Practice Guidance Para 25 states “Intrusive interventions such as the external mounting of microgeneration technology, can harm the significance of a heritage asset. LPAs are encouraged to support home owners and developers to find solutions that minimise or avoid harm to an asset’s significance while delivering improved energy performance or generation.” It is considered that the proposal would not minimise impacts on the significance of the dwelling.

115

PPS 5 Policy HE7 sets out principles guiding the determination of applications for consent relating to heritage assets, HE 7:5 specifically states that “Local Planning authorities should take into account the desirability of new development making a positive contribution to the character and local distinctiveness of the historic environment.”

Policy HE9 provides additional principles guiding the consideration of applications relating to designated Heritage Assets; and states “There should be a presumption in favour of the conservation of designated heritage assets and the more significant the heritage asset, the greater the presumption in favour of its conservation should be. Loss affecting any designated heritage asset should require clear and convincing justification.” Policy HE 9.2 states that “Where the application will lead to substantial harm….LPAs should refuse consent unless it can be demonstrated that: the substantial harm to or loss of significance is necessary in order to deliver substantial public benefits that outweigh that harm or loss.” The Planning Practice Guidance states in Para 87 “Where a proposal causes minor harm there will still be a loss of value to society caused by that harm……..Some works may seem individually to be of little importance but can cumulatively be destructive of a heritage asset’s significance.”

English Heritage have produced guidance titled “Microgeneration in the Historic Environment” and states that proposals for microgeneration equipment will be generally acceptable if a set of seven criteria are met. Three of these criteria would not be considered to be met by the proposal, these being Criteria (1), the change will not result in loss of special interest, (2) the visual impact of the equipment is minor or can be accommodated without the loss of special interest and (5) that as part of the justification, the applicant can demonstrate that other energy saving measures or other locations with less impact on the historic fabric and the special interest have been considered and are not viable. This document also comments that “the location of equipment on principal elevations should normally be avoided, there should be no loss in the overall character or historic interest of the conservation area and the cumulative impacts of the installation of different types of equipment should be considered.”

In summary the national guidance relating to design issues requires the impacts of the proposal upon the heritage asset to be fully assessed and weighed against the development management principles set out within national planning policy on climate change. As discussed above the proposal is considered to lead to significant, detrimental impacts upon the dwelling and the Conservation Area.

Sustainability Issues

As outlined above it is important to assess the sustainability merits of the proposal, and to weigh these against any damaging impacts which may occur in relation to the heritage value of the asset.

The Applicant has submitted a statement which details the specifications and outputs of the proposed system. It would involve 9num. x 175W silicon panels, and would provide in total a 1.5kW system. The system would be expected to

116 provide approximately 1,200 kW/year. An average household would be expected to use something in the region of 3,500 to 4,000 kW/year.

The Applicant has provided correspondence which states that the proposed section of roof is the only suitable option, due to the shape of the dwellings’ roof and the existing chimney. The potential erection of panels in the garden was considered inappropriate as the garden is very small, and this would involve increasing the height of a wall and the loss of much of the amenity value of the garden. Further to this the possibility of solar slates was ruled out for cost reasons. Additionally, their all round performance is not considered to be as good as that of the bolt-on solar panel option.

More generally the Applicant comments that there has been considerable support from neighbours and local people. Also there is also no guarantee that the currently available feed in tariff will remain in place.

The energy generated by the panels is clearly advantageous in relation to climate change issues.

Policy CS63 of the Core Strategy promotes developments that generate renewable energy.

Planning Policy Statement 1 covers “Delivering Sustainable Development” and in para 22 states “Regional planning authorities and local authorities should promote resource and energy efficient buildings; community heating schemes, the use of combined heat and power, small scale renewable and low carbon energy schemes in developments; the sustainable use of water resources; and the use of sustainable drainage systems in the management of run-off.”

A supplement to PPS 1 has been produced covering ‘Planning and Climate Change’. In para 20, it states that “planning authorities should: – not require applicants for energy development to demonstrate either the overall need for renewable energy and its distribution, nor question the energy justification for why a proposal for such development must be sited in a particular location; – ensure any local approach to protecting landscape and townscape is consistent with PPS22 and does not preclude the supply of any type of renewable energy other than in the most exceptional circumstances

Planning Policy Statement 22 deals with ‘Renewable Energy’. Para 1 states that small-scale projects can provide a limited but valuable contribution to overall outputs of renewable energy and to meeting energy needs both locally and nationally. Planning authorities should not therefore reject planning applications simply because the level of output is small.” Para 1 goes onto to state that “development proposals should demonstrate any environmental, economic and social benefits as well as how any environmental and social impacts have been minimised through careful consideration of location, scale, design and other measures.”

Para 11 and states that at designated sites (i.e. conservation areas) “planning permission for renewable energy projects should only be granted where it can be

117 demonstrated that the objectives of designation of the area will not be compromised by the development, and any significant adverse effects on the qualities for which the area has been designated are clearly outweighed by the environmental, social and economic benefits.”

Para 19 of the document states that “Proposed developments should be assessed using objective descriptive material and analysis wherever possible even though the final decision on the visual and landscape effects will be, to some extent, one made by professional judgement.”

The advantages of the scheme in terms of addressing climate change issues are clear. The energy generated would represent a considerable proportion of the typical amount which would be used by a household over the course of a year.

National planning policy states that where a conflict between climate change objectives and the conservation of heritage assets exists it is necessary to weigh the harm to the significance of the heritage assets against the positive merits as outlined in the national planning guidance on climate change. The proposed equipment would cause considerable concern regarding its impacts upon the appearance of the dwellinghouse and the character of the Conservation Area. UDP Policies BE15, BE16, BE17 and H14 would not be satisfied by the proposal. Similarly PPS 5 and the practice guide would not support the application.

These negative impacts would be considered to be of considerable significance. It is not considered that they would be outweighed by the proposal’s positive impacts in regards to the generation of energy and the positive contribution to addressing climate change.

Overall, it is considered that the application cannot be supported as its clear and demonstrably harmful impacts would be considered to outweigh the positive impacts in terms of addressing climate change. As such national and local planning statements and policies instruct that the application should be refused.

SUMMARY AND RECOMMENDATION

The application seeks consent to allow the installation of 12m² of solar PV panels on the side facing roof of a dwellinghouse, which is located in the Nether Edge Conservation Area. The dwelling is also included under the Article 4 Designation covering the Conservation Area.

The proposed panels would be visible from the highway and would be considered to have a detrimental impact upon the appearance of the dwelling and the character of the Conservation Area. They would appear considerably incongruous within the street scene. The precedent which would be set by any consent granted would potentially lead to similar additions to each of the south facing roofslopes along Albany Road. Overall, the proposal would be considered to be contrary to the guidance given in Planning Policy Statement 5, UDP Policies BE15, BE16, BE17 and H14, as well as English Heritage’s “Microgeneration in the Historic Environment” document.

118 These negative conclusions are required to be weighed against the positive climate change implications of the proposal arising from the energy generated by the proposal and the resulting reduction in carbon emissions. However, the positive outcomes arising from the proposal in relation to PPS 1 and PPS22 would not be considered to be sufficient to warrant consent being granted.

Overall, the proposal is considered to be unacceptable, due to it being contrary to the provisions of national Planning Policy Statement 5 and UDP Policies BE15, BE16, BE17 and H14. It is therefore concluded that the proposal is unacceptable and it is therefore recommended that the application is refused.

119

Case Number 10/01672/CHU

Application Type Planning Application for Change of Use

Proposal Use of existing detached store as a dwellinghouse (Retrospective application) (As augmented by plans received 19th August 2010)

Location 455 Glossop Road Sheffield S10 2PT

Date Received 24/05/2010

Team SOUTH

Applicant/Agent Mr M Rafique

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the proposal would result in a development that would be both cramped within its curtilage and poorly related to the grain of development in the locality. This over development would be injurious the character of the locality. It is considered that such a development would neither enhance nor maintain the character of the Broomhill Conservation Area and as such would be contrary to Policy BE16 of the Sheffield Unitary Development Plan and Policy CS74 of the Core Strategy.

2 It is considered that the size and orientation of the proposal would afford inadequate outlook for future occupiers because of its close proximity to the boundaries of the site. The absence of appropriate separation and consequential diminished amenity would be contrary to Supplementary Planning Guidance and Policy H14 of the Sheffield Unitary Development Plan.

3 The Local Planning Authority consider that the proposed dwelling would have inadequate external amenity space both in terms of size and privacy afforded and this would be contrary to Policy H14 of the Unitary Development Plan and to Supplementary Planning Guidance.

Attention is drawn to the following directives:

120 1. The Director of Development Services or the Head of Planning has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the cessation of use of the basement flat as living accommodation. The Local Planning Authority will be writing separately on this matter.

121 Site Location

122

LOCATION AND PROPOSAL

The site is located on the south side of Glossop Road in the Broomhill Conservation Area.

The application relates to an outbuilding located in the back garden of a large end terrace property. The outbuilding was granted permission in 2003 for storage and gardening use. The curtilage of the main dwelling lies within an allocated Housing Area and the general character of the locality is residential, though the street scene is dominated by the Hallamshire Hospital 90 metres to the north east and the grounds of King Edward VII school abut the site to the south west.

123 The grain of residential development within the locality is somewhat mixed with terraced houses dominating on Glossop Road and College Street but larger Victorian villas prevalent in the wider locality. The size of curtilage for these different properties generally varies according to their built footprint.

The east and southern boundaries of the site abut the rear gardens of terraced properties fronting College Street, whilst the south and western boundary is mainly bounded by the grounds of the King Edward VII School.

There is a significant fall in natural ground level away from Glossop Road so that the single storey outbuilding occupies a level approximate to the basement of 455 Glossop Road itself.

The proposed curtilage for the dwelling is bounded by a 1.3 metre stone wall to the south west boundary and a 1.8 metre wall to the north east (onto the rear gardens of houses on College Street).

The building is currently being used as unauthorised accommodation and the internal spaces consist of a Living room/kitchen, a bedroom and a bathroom.

There is no vehicular access but a pedestrian access independent of the curtilage of No.455 is available onto College Street.

This is a retrospective application to change the use of the outbuilding from an ancillary garden building to an independent dwelling.

No physical changes to the structure itself are proposed but the existing curtilage of No. 455 would be divided by a boundary treatment located 5 metres from the north west elevation of the outbuilding.

RELEVANT PLANNING HISTORY

Permission was granted in 2003 (03/01238/FUL) for a garden store.

The permission contained the following condition:

5. The use of the building for the purpose of storage and plant propagation shall at all times remain ancillary to the main use of the building for residential purposes and shall not be used for any other purpose without the prior consent of the Local Planning Authority.

In the interests of the amenities of the locality.

POLICY

Planning Policy Guidance Note 3 ‘Housing’

PPS3 seeks to encourage new house building on previously developed land, to increase the density of new housing development with the objective of minimising land-take and also in order to support a higher level of local services.

124

The property is located within the Broomhill Conservation Area. In accordance with the advice contained within Planning Policy Statement 5 (Planning for the Historic Environment) and S72 of the Planning (Listed Buildings and Conservations Areas) Act 1990 the Local Authority has a duty to make sure that planning decisions in respect of development proposed in a Conservation Area must give a high priority to the objective of preserving or enhancing the character or appearance of the area.

The site lies within a Housing Policy Area, and as such the proposal should be assessed with regard to Policies H10 “Development in Housing Areas”, H14 “Conditions on Development in Housing Areas”

Policy H10 identifies housing as being the preferred use in such an area.

The provisions of Policy BE16 Development in Conservation Areas of the Sheffield Unitary Development Plan (UDP) designed to echo and substantiate the advice contained within national policy guidance are relevant in the assessment of the planning application.

PLANNING ASSESSMENT

Affect on the Conservation Area and Residential Character

Policy BE16 states: In Conservation Areas permission will only be given for proposals which contain sufficient information to enable their impact on the Area to be judged acceptable and which comprise: a. development, including erection of buildings and changes of use from originally intended uses of buildings, and built development in open spaces; which would preserve or enhance the character or appearance of the Conservation Area.

Policy CS 74 of the Sheffield Development Framework Core Strategy ‘Design Principles’ states:

High-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods, including: c. the townscape and landscape character of the city’s districts, neighbourhoods and quarters, with their associated scale, layout and built form, building styles and materials;

Since the actual structure to which the change of use relates is already in existence, and benefits from planning permission, any consideration of the affect on the character of the Conservation will be limited to the division of the original curtilage of No. 455 and any alteration in character resulting from the change of use.

125 It is felt that a change of use to an independent dwelling at this location would represent an uncharacteristic form of backland development at odds with the prevailing grain of residential development in the locality. The resultant dwelling would have no road frontage and only be accessible via a narrow pedestrian footpath between neighbouring curtilages.

Although the curtilages of No. 19 College Street and Nos. 449-451 display a somewhat irregular pattern of amenity space in close proximity to the site these properties still maintain a layout that is traditional in having a dedicated road frontage with small front gardens and dedicated rear amenity spaces.

The proposed subdivision of curtilage, whilst maintaining these characteristics for No. 455, would introduce a dwelling that had the appearance of being shoe horned onto a limited plot with a layout at odds with the traditional characteristics.

As such the proposal is considered to be contrary to Policy BE16 of the Unitary Development Plan and Policy CS74 of the new Core Strategy

Residential Amenity

Policy H14 ‘Conditions on Development in Housing Areas’ states that: In Housing Areas, new development or change of use will be permitted provided that: a. new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and c. the site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and

The principles behind this Policy are further explained by Guidelines in the City Council’s adopted Supplementary Planning Guidance “Designing House Extensions”. This supplementary planning guidance highlights key principles of design and layout. Although the supplementary planning guidance was initially created for domestic extensions, the guidelines are based on good design principles, including adequate separation distances, and is therefore, considered applicable in a wider context (including new dwellings).

Supplementary Planning Guidance guideline 4 states:

‘A minimum distance to the back boundary from the rear elevation of 10 metres is also normally required for reasons of neighbours privacy as well as amenity.’

Affect on Existing Residential Amenities

Minimum separation distances to neighbouring dwellings are achieved for all main aspect windows. The proposal does not introduce any walls within 12 metres of neighbouring main aspect windows. There are only ground floor windows in the elevations. As such it is not considered that the dwelling represents any significant overlooking potential to neighbouring properties and curtilage.

126

There are windows to shared/ flat accommodation in the rear elevation of No. 455 but it is not considered that the living room window in the proposal would result in inter overlooking possibilities between these rooms and the proposal.

The sub division of the existing curtilage would leave the occupants of No.455 with in excess of 100 square metres garden area which is acceptable.

Amenity of Future Occupants

The proposed dwelling itself is of limited proportions and lies within a limited curtilage.

The internal accommodation is served by 4 windows. One in the north west elevation serving the living room, and three in the north elevation serving the kitchen area of the living room/kitchen, one for the bedroom and one for the bathroom.

The living room window would only achieve a separation to boundary of 5 metres and the kitchen and bedroom windows would only achieve separation distances to boundary of approximately 1.5 metres. In both cases the boundary treatments in question would be fences/walls rising to a minimum height of 1.8 metres.

Supplementary Planning Guidance for Housing Extensions, which is considered to represent sound planning principles with regard to separation distances between buildings windows and boundaries, indicates that there should be a minimum separation of 10 metres between rear elevations containing main aspect windows and any rear boundary for neighbouring privacy and residential amenity of the proposal. Whilst the former is not a consideration in this case it is considered that the limited separation to boundary for the entire building is indicative of a cramped design within the curtilage.

It is considered that the dwelling will provide poor and inadequate outlook to an occupant and that the natural light to internal spaces is likely to be poor producing a dingy internal environment considering the proximity of windows to overbearing boundary treatments.

The amount of external amenity space provided would amount to approximately 45 square metres although only 35 square metres could be described as usable. This fails to meet the minimum standards recommended by Supplementary Planning Guidance Guideline 4.

In addition, because of the elevated positions of windows in the rear elevation of No. 455 it is highly unlikely that any significant level of privacy could be ensured for the garden space unless the boundary treatment were so high as to represent an oppressive and overbearing feature within the curtilage.

Car Parking and Highways Issues.

Policy H14 ‘Conditions on Development in Housing Areas’ states that:

127 In Housing Areas, new development or change of use will be permitted provided that: d. it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians; and

UDP guidelines require the provision of a single off street space for a development of this type.

Whilst, in this case, there would be no off street parking for the dwelling it is not considered that this represents an adequate reason for refusal. The site is in a highly accessible location in terms of access to public transport, the City Centre and local shops and services. Furthermore the roads immediately surrounding the site are either subject to residents only parking (the parking bays on College Street are designated for residents only - no time limited spaces / pay and display as on some roads within the scheme) or waiting restrictions which would prevent inappropriate parking.

ENFORCEMENT

In light of the above, the currently occupied building is not considered to provide satisfactory living accommodation for the occupants thereof.

Members are therefore requested to give authority to the Director of Development Services, or Head of Planning to take any necessary steps, including enforcement action and the institution of legal proceedings, to secure cessation of use of the basement flat as living accommodation.

SUMMARY AND RECOMMENDATION

The proposal is not considered to provide an acceptable level of residential amenity as an independent dwelling. The poor outlook and inadequate amenity space with little chance of privacy are both unacceptable. The proposals cramped ’backland’ layout is also considered to be out of character with the grain of residential development in the locality and fails to reinforce or reflect the local pattern of development. It is believed that the proposed development would have a detrimental impact on both the character and appearance of the Conservation Area.

In conclusion it is believed that the development would prove contrary to the provisions of BE16 and H14 of the UDP and Core Strategy Policy CS74.

It is considered that these matters outweigh any guidance encouraging increased density of housing within the established urban envelope and the application is therefore recommended for refusal and enforcement action.

128

Case Number 10/00787/CHU

Application Type Planning Application for Change of Use

Proposal Change of use from offices to café (Use Class A3)

Location 100-106 John Street (part) Sheffield S2 4QU

Date Received 10/03/2010

Team SOUTH

Applicant/Agent Yusuf Jawaid

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above-mentioned purpose only between 1100 hours and 2400 hours on any day.

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

3 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.

4 The playing of live or amplified music/sound shall not be permitted on site, unless otherwise authorised in writing by the Local Planning Authority.

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

129 5 No deliveries to the building shall be carried out between 2300 hours and 0800 hours Mondays to Saturdays and between 2300 hours and 1000 hours Sundays and Public Holidays.

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

6 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 0800 hours Monday to Saturday and between 2300 hours and 1000 hours on Sundays and Public Holidays.

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

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

Drawing Number PA02A

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

IB9 - Conditions on Development in Industry and Business Areas BE16 - Development in Conservation Areas CS30 - Jobs and Housing in the Sheaf Valley and Neighbouring Areas Planning Policy Statement 4 - Planning for Sustainable Economic Growth

The principle of the use would be considered to be acceptable. The use would be considered to avoid having a detrimental impact in respect to residential amenities. It is not considered that the proposal would have a detrimental impact upon the appearance of the building and the character of the Conservation Area.

130

Site Location

131 LOCATION AND PROPOSAL

The application site is located to the south of John Street, and is within the John Street Conservation Area. The site is located within a Fringe Industry and Business Area based upon the provisions of the Unitary Development Plan. Additionally, the adopted Core Strategy document classifies the area in which the site is located as an “area of transition”, in which it is intended to incorporate new residential development along with compatible businesses and activities.

The two storey building has previously been occupied as offices but is currently vacant.

The application seeks consent to change the use of the building, to allow it to be used as a café at ground and first floor levels. This would not involve any changes to the external fabric of the building.

The applicant has indicated that the café use would serve snacks with hot/cold drinks.

The café use would be capable of accommodating a maximum of approximately 50 people at one time.

The proposed hours of operation are from 11:00 hours to 24:00 hours, seven days per week.

RELEVANT PLANNING HISTORY

The application relates to part of a building that has a wealth of planning history, though much of this is not relevant to the determination of this application.

The most recent history was for the redevelopment of Nos. 100-106 as residential accommodation featuring 76 ‘pod’ units with 299 bed spaces to be housed in a 5/6 storey building (06/02533/FUL). This application has not been pursued.

SUMMARY OF REPRESENTATIONS

Following written notification and the erection of a site notice, no written representations have been received.

PLANNING ASSESSMENT

Policy Issues

The application site is allocated within the Unitary Development Plan as being in a Fringe Industry and Business Area. Policy IB6 of the Unitary Development Plan is therefore applicable, and states that Food and Drink outlets (A3 uses) are acceptable in principle. Policy IB9 would also need to be satisfied, this stating that new uses will be permitted provided that they would not lead to a concentration of uses which would prejudice the dominance of industry and business in the area, not lead to residents suffering unacceptable living conditions, be well designed and

132 of a scale and nature appropriate to the site and be adequately served by transport facilities and provide safe access to the highway network.

The site’s location within a Conservation Area means that it is required to be assessed under Policy BE16 of the UDP. This policy states that permission will only be given for proposals which enhance the character and appearance of the Conservation Area.

Planning Policy Statement 4 – Planning for Sustainable economic growth, is Central Government guidance which partly deals with activity within shopping centres. This document is therefore also relevant.

Dominance Issue and Impact on Shopping Centres

UDP Policy IB9 states that new developments / changes of use should 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.

This policy is now applied alongside Core Strategy Policy CS 30 of the Sheffield Development Framework. CS 30 states that the Bramall Lane / John Street area will be promoted as an area of transition, to include new residential development, such as new purpose-built student accommodation along with compatible businesses and activities.

This proposed use will result in the loss of a small amount of the preferred B1/B2/B8 uses. However, the minimal amount of the space lost means that the proposal will not significantly alter the balance of uses in the area. As a result of this, the proposal would not be considered to significantly prejudice the business and industrial uses within the policy designation area. The proposal would therefore satisfy the relevant element of Policy IB9.

Additionally, the proposed use is a town centre use, based upon the details of Planning Policy Statement 4 – Planning for Sustainable Economic Growth. As the site is located in an out of centre location, the proposal is required to satisfy the sequential approach and the test of impact in relation to nearby centres.

There are vacant properties that could accommodate the proposal in London Road but the proposal is sufficiently small (165 sqm floorspace) so as to avoid a significant impact on the vitality and viability within the nearby London Road District Shopping Area and the City Centre. The proposed use would bring a building into active use after a lengthy period of vacancy, and the benefits of this would outweigh any limited negative impacts which may occur upon the London Road District Centre.

In addition it should be noted that the town end of London Road, which lies closest to the site, is already sufficiently served by food and drink outlets.

On the basis of the these considerations the proposed uses are considered to be satisfactory in relation to the requirements of PPS 4 and the associated Core Strategy policies.

133

Conservation Area Issues

The building itself is of no particular architectural merit and in any event the proposal does not include changes to the external fabric.

It is not considered that the change of use would adversely affect the character of the Conservation Area and as such complies with Policy BE16.

Impact on Amenity of Neighbouring Sites / Occupiers

UDP Policy IB9 requires any proposed changes of use to not cause residents in any residential accommodation to suffer from unacceptable living conditions.

Similarly, Core Strategy Policy CS 30 targets the provision of residential accommodation, with an emphasis on purpose built student accommodation along with compatible businesses and activities.

At the current time there are no residential occupiers within close proximity to the application site. However, consent has been granted at the site on the opposite side of John Street which incorporates 218 apartments.

The use is proposed to run from 11am to 12midnight. The restaurant use at ground and first floor levels would be considered to be capable of operating without having the potential to result in a significant level of noise breakout. Since there are no neighbouring residential occupiers the internal implications of this element of the use would not be considered to have a detrimental impact.

Overall, the proposal would be considered to be acceptable in this regard, satisfying the relevant requirements of UDP Policy IB9 and Core Strategy Policy CS 30.

Highways Issues

The site is included within the area covered by a proposed residents parking scheme, which will include a number of time limited and unrestricted spaces within the vicinity of the development. The scheme would not apply after 6.30pm in the evening. The surrounding area mainly features works / industrial units which do not generate on-street parking during evening periods.

The proposed hours of operation would run from 11am to 12 midnight, seven days a week.

The proposal does not include any off-street parking. However, the proposed residential parking scheme, the proximity to the City Centre and to London Road, the accessible nature of the site in public transport terms and the easier access to on-street parking bays during the evening period result in the conclusion that the scheme would be acceptable in relation to its highway implications.

134 The proposal is considered to be acceptable in relation to this particular element of UDP Policy IB9.

SUMMARY AND RECOMMENDATION

The application seeks to use the existing premises for purposes of a café at ground and first floor levels.

The application site is located within a Fringe Industry and Business Area.

The principle of the use would be considered to be acceptable, satisfying the requirements of PPS4 and UDP policy IB9. The use would be considered to avoid having a detrimental impact in respect to residential amenities, complying with UDP policy IB9 and Core Strategy policy CS 30.

It is not considered that the proposal would have a detrimental impact upon the appearance of the building and the character of the Conservation Area, thereby satisfying Policy BE16.

135

Case Number 09/02704/OUT

Application Type Outline Planning Application

Proposal Erection of retirement village, including nursing care home, EMI/dementia care home, sheltered accommodation for the over 65's, Special Needs Independent Living Unit (amended plans and supporting submissions received 19.02.10, amended flood risk assessment received 11.05.10 and amended drawings received 22.06.2010)

Location Site Of Former Jacobs Manufacturing Co Ltd Troutbeck Road Sheffield S7 2QA

Date Received 28/08/2009

Team SOUTH

Applicant/Agent Alston Murphy Associates

Recommendation Grant Conditionally

Subject to:

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

136

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

4 Before the development is commenced, full details of suitable and sufficient car parking accommodation within the site which shall include provision for displaced resident parking from Troutbeck Road as detailed in the Design and Access Statement shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such 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.

5 The development shall not be begun until the improvements (which expression shall include traffic control measures) to the highways listed below have either;

a) been carried out; or b) details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out before the development is brought into use.

Highway Improvements:

Troutbeck Road - works to allow for provision of passing place

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

6 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.

7 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Ingress and egress for such vehicles shall be obtained only at the approved points.

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

8 At all times that demolition and construction being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the

137 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.

9 The development shall not be used unless turning space for service vehicles has been provided within the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such turning space shall be retained.

In the interests of the safety of road users.

10 Before the development is commenced, full details of the proposed layout and setting out of the cycle parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The development shall not be used unless the cycle parking accommodation has been provided in accordance with the approved plans and thereafter, such cycle parking shall be retained.

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

11 Prior to the occupation of any part of the development, a detailed Travel Plan(s), designed to: reduce the need for and impact of motor vehicles, including fleet operations; increase site accessibility; and to facilitate and encourage alternative travel modes, shall have been submitted to and approved in writing by the Local Planning Authority. Detailed Travel Plan(s) shall be developed in accordance with a previously approved Framework Travel Plan for the proposed development, where that exists.

The Travel Plan(s) shall include:

a) Clear and unambiguous objectives and modal split targets; b) An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed, c) The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the Local Planning Authority. d) The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

On occupation, the approved Travel Plan(s) shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

138

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.

12 Prior to any development commencing on site full details of the proposed riverside walk / cycleway shall be been submitted to and approved in writing by the Local Planning Authority. Such details shall include proposals for providing a link from the riverside walk / cycleway to the adopted highway and such link and riverside walk / cycleway shall be provided prior to the development being occupied.

In order to enable provision of a riverside walkway.

13 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 8 litres per second. 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.

14 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.

15 No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

16 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.

17 The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by Queensbury Design Ltd, dated 23 April 2010, and the following mitigation measures detailed within the FRA:

139 a) Identification and provision of safe route(s) into and out of the site to an appropriate safe haven; b) Flood-proofing measures in the proposed development, as detailed on page 12 of the FRA. c) Finished floor levels are set no lower than existing ground levels; pages 8 and 11 of the FRA states that existing site levels are above the 1 in 100 year plus climate change flood levels of 88.16 m AOD at the upstream end of the site and 87.05 m AOD at the downstream end of the site.

To ensure safe access and egress from and to the site, and to reduce the impact of flooding on the proposed development and future occupants.

18 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 the noise survey carried out by Environmental Studies dated December 2009. 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 by the Local Planning Authority.

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

19 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 by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

20 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 approval of the Local Planning Authority.

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

21 Before the development is commenced, actual or potential land contamination and ground gas contamination at the site shall have been investigated and a Phase 1 Preliminary Risk Assessment Report shall have been submitted to and approved in writing by the Local Planning Authority. The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

22 Any intrusive investigation recommended in the Phase I Preliminary Risk Assessment Report shall be carried out and be the subject of a Phase II Intrusive Site Investigation Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced. The Report shall be prepared in accordance with Contaminated Land Report CLR 11 (Environment Agency 2004).

In order to ensure that any contamination of the land is properly dealt with.

23 Any remediation works recommended in the Phase II Intrusive Site Investigation Report shall be the subject of a Remediation Strategy Report which shall have been submitted to and approved in writing by the Local Planning Authority prior to the development being commenced The Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

24 All development and associated remediation shall proceed in accordance with the recommendations of the approved Remediation Strategy. In the event that remediation is unable to proceed in accordance with the approved Remediation Strategy, or unexpected contamination is encountered at any stage of the development process, works should cease and the Local Planning Authority and Environmental Protection Service (tel: 0114 273 4651) should be contacted immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the

141 Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

In order to ensure that any contamination of the land is properly dealt with.

25 Upon 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 development or any part thereof shall not be brought in to use until the Validation Report has been approved in writing by the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and Local Planning Authority policies relating to validation of capping measures and validation of gas protection measures.

In order to ensure that any contamination of the land is properly dealt with.

26 Unless otherwise agreed in writing by the Local Planning Authority any Reserved Matters Application relating to this Outline Approval shall include a scheme, which shall be agreed in writing by the Local Planning Authority, for the delivery of affordable housing equivalent to no less than 30% of the sheltered housing element of the floor space of the development or an alternative percentage figure determined through a Development Appraisal Viability Process. The resulting affordable housing shall be provided for sale to a Registered Social Landlord at the transfer price for that area at the time the detailed application is determined. This scheme shall include:

a) The type and location of the affordable housing units b) The timing for the construction of the affordable housing units

If on receipt of such a scheme the Local Planning Authority considers that it is not suitable to provide some/all of the affordable hosing units on-site, an alternative agreement shall be reached for the provision of a financial contribution calculated in accordance with the current policy at that time, which shall be used for the delivery of affordable housing within the city.

In order to meet affordable housing policies.

27 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 an approved by the Local Planning Authority identifying the strategy for providing:

c) a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy; and d) 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)

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

This condition shall not preclude an agreement being reached with the Council for a contribution towards an off-site carbon reduction scheme if it is demonstrated that it is not feasible to generate renewable or low carbon energy on site.

28 The reserved matters submission shall include, 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.

29 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.

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

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

To ensure that the Local Planning Authority can confirm when the maintenance periods specified in associated conditions/condition have commenced.

31 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

143 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.

32 The reserved matters submission shall include full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, and the development shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

33 Approval is not hereby granted for the weir feature shown on the approved layout drawings.

In the interests of ecology.

34 Prior to the commencement of development, a detailed method statement for the removal or long-term management /eradication of Japanese Knotweed on the site shall be submitted to and approved in writing by the Local Planning Authority. The method statement shall include proposed measures to prevent the spread of Japanese Knotweed during any operations such as mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant covered under the Wildlife and Countryside Act 1981. Development shall proceed in accordance with the approved method statement.

Japanese Knotweed is an invasive plant, the spread of which is prohibited under the Wildlife and Countryside Act 1981. Without measures to prevent its spread as a result of the development there would be the risk of an offence being committed and avoidable harm to the environment occurring.

35 Prior to the commencement of development a survey of protected species at the site shall be carried out. The objectives of the survey shall be:

a) to ascertain whether there are protected species within the site b) to provide a schedule of measures to protect any identified habitat and/or methods to re-accommodate the protected species, and shall include details of when such measures shall be implemented.

The survey shall be submitted to and approved in writing by the Local Planning Authority before any work, including site preparation works, on site

144 is commenced and any approved measures shall be carried out in accordance with the approved schedule.

In order to ensure that no harmful effects are caused to the interests of nature conservation in the locality as a result of the proposed development.

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

Drawing Numbers: 1431 SK and 30 C 1431 SK 50 C 1431 SK 01 C

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

37 No development work, including ground clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

38 Each unit of the sheltered accommodation shall only be occupied by persons of 65 (sixty-five) years or over.

In order to limit the level of car ownership of residents in the interests of highway safety.

Attention is drawn to the following justifications:

MU8 - Archer Road Mixed Use Area MU11 - Conditions on Development in Mixed Use Area GE10 - Green Network GE11 - Nature Conservation and Development GE15 - Trees and Woodland GE17 - Rivers and Streams BE5 - Building Design and Siting

145 BE7 - Design of Buildings Used by the Public CS40 - Affordable Housing CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS67 - Flood Risk Management

Attention is drawn to the following directives:

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 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

146 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. 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.

5. 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.

6. To ensure that the road and/or footpaths on this development are constructed in accordance with the approved plans and specifications, the work will be inspected by representatives of the City Council. An inspection fee will be payable on commencement of the works. The fee is based on the rates used by the City Council, under the Advance Payments Code of the Highways Act 1980.

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

147 Site Location

Members will recall that this item was put before Planning Committee on 23rd August 2010, and that a decision was deferred to allow a site visit to be carried out. The previously submitted report is attached. The supplementary information which was referred to during the discussion of the scheme at the previous meeting has not been able to be completely finalised at the time of completion of this Committee Report. However, the outstanding details will be fully prepared and incorporated within the Supplementary Information document.

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LOCATION AND PROPOSAL

The application site is located between Abbeydale Road to the north west, the Tesco Park and Ride facility to the south-west and the railway to the south-east.

Access to the site is gained via Troutbeck Road, off Abbeydale Road, some 80metres to the south-east of its junction with Bannerdale Road/Archer Road.

The application seeks outline permission, with all matters except access reserved for subsequent approval, for the erection of a retirement village. The retirement village is proposed to include a nursing care home, an E.M.I./dementia care home, sheltered accommodation for the over 65’s and a special needs independent living unit. The indicated levels of accommodation are shown as being; dementia care home (70 beds) nursing care home (80 beds), and sheltered accommodation (31 flats).

The proposed means of access would utilise Troutbeck Road incorporating use of the existing bridge across the River Sheaf at the entrance point to the site.

The Unitary Development Plan designates the site as being within the Archer Road Mixed Use Area.

RELEVANT PLANNING HISTORY

05/00099/FUL; Erection of 201 apartments in 1 x 6 storey, 1 x 5 storey and 1 x 4 storey blocks and associated car parking accommodation. These included 67no. x 1 bedroom apartments and 134no. x 2 bedroom apartments.

This application was withdrawn. However, a Board Report had been prepared recommending refusal of the proposal based on its harmful impacts on the amenities of residents of Troutbeck Road due to the displacement of existing on- street parking facilities, the incapability of the access bridge to accommodate the level and nature of traffic movements generated and the failure of the proposal to provide a safe access to the highway network at the junction of Troutbeck Road with Abbeydale Road. Overall, the proposal was considered to have a harmful impact on the amenities of occupiers of neighbouring dwellings and to not have an acceptable impact on the local highway network.

06/02624/OUT; Reconfiguration of park and ride site to include new access road and residential development of former Jacobs site. Approved, subject to legal agreement, April 2008. This outline application proposed access to the current application site via the existing park and ride site.

08/00207/FUL; Re-cladding of the existing industrial buildings and insertion of new windows. Approved April 2008.

149 10/00539/FUL; Alterations and extensions to supermarket (Tesco) including provision of a mezzanine floor, extensions to park and ride scheme car park and service yard, provision of a combined heat and power unit, and associated landscaping works. Application remains currently undetermined, but involves the provision of an enlarged park and ride facility utilising the current application site, accessed via the existing park and ride site.

SUMMARY OF REPRESENTATIONS

Following neighbouring notification, the placement of site notices and the publication of a press advertisement, a total of 10 representations have been received. The comments made can be summarised as follows:

- 84 parking spaces are proposed (only 5 disabled spaces and 16 cycle spaces), which would be inadequate for proposed development. Visits from health professionals, staff, friends/family members, deliveries and contractor visits. Provision well below normal ratio of parking spaces to residents of 2:3 for this sort of development.

- Troutbeck Road is narrow with parking on both sides. Any restriction on parking would be unfair impact on residents of Troutbeck Road dwellings. Suggestion that Troutbeck Road is made permit parking only.

- Access via Troutbeck Road is already a problem without additional impact of proposed development.

- Potential impact on residents of Abbeydale Road, residents are forced to park along Troutbeck Road. Therefore adequate parking provision needs to be made. Granting of consent would mean that the particular business referred to would potentially have to close due to parking difficulties.

- Concern regarding proposed “new envisaged road improvements”. Amendment to footpaths may be made difficult, as litter bins currently act as an obstruction to pushchairs or mobility scooters.

- Trees should not be felled unless necessary, and replaced with suitable species. Suitable tree management would help protect bird habitat.

- Impact on local ecology. Bats and white clawed crayfish are found around or near the site. Bats would be disturbed by light pollution.

- Removal of Japanese Knotweed should be made a condition of development.

- River Sheaf is a SINC (Site of Importance for Nature Conservation), and any development adjacent to watercourse needs to include sustainable drainage features, permeable surfaces and green roofs.

- Existing litter problem along river walkway.

150 - A redevelopment at site would give opportunity for a path along this section, and therefore applicants should include an unrestricted public path. Care must be taken to retain trees. A commitment should be sought from developer for maintenance of the walkway, but also riverbank and riverbed.

- Not clear what is being proposed. Building six storeys high would be out of character in area.

- Recruitment of staff locally is speculative.

In addition representations have been received from Councillor Dunkley.

Cllr Dunkley’s comments can be summarised as:

- Height, scale and density of the proposed development is unacceptable and out of character in the surrounding residential area. - Insufficient car parking spaces, given the number of visitors. - Additional traffic movements will be significant, cause problems for Troutbeck Road residents, and at the junction with Abbeydale Road where there is standing traffic at certain times of day.

Former Councillor White commented in her previous capacity of Councillor raising concerns regarding the impact of construction traffic, delivery vehicles, and visitors’ cars etc.

PLANNING ASSESSMENT

Land Use Policies

The application site is located within the Archer Road Mixed Use area, and Unitary Development Plan Policy MU8 is therefore relevant. Residential Institution uses (Class C2) are not included within the land uses listed as preferred/acceptable/unacceptable, and it is therefore necessary to assess the proposed uses based upon their particular merits.

Policy MU11 covers the ‘Conditions on Development in Mixed Use Areas’ and is also required to be satisfied. This policy requires, amongst other things, that development in mixed use areas should preserve a variety in the character of the neighbourhood, not cause visitors in housing to suffer from unacceptable living conditions including air pollution, noise or other risk to health and safety, be well designed and of a scale and nature appropriate to the site, and provide safe access to the highway network and appropriate off-street parking.

On the basis of these policy criteria the principle of the proposed development would be considered as being acceptable.

151 Design Issues

The initial, outline proposals were put before the Sheffield Sustainable Development and Design Panel. The comments made in relation to that initial version of the proposal can be summarised as follows:

- There was felt to be a need to ensure a safe environment. Obvious link between the development and the Tesco supermarket. The opportunity for a riverside walkway was significant, and the space given over to it should be generous. - The form of development was felt to require further consideration to produce a coherent proposal that created a positive interrelationship between the buildings and spaces. Suggestion that the clarification of space would benefit from a strong form, such as a central courtyard. The suggestion of a bowling green or allotments was strongly supported, to provide a focal point that is active and visually attractive. - The importance of an exemplary approach to landscaping was stressed to make it an attractive, welcoming and restorative place. This would help the relationship between the ‘inside’ and ‘outside’ to be treated successfully. - The car parking whilst being indicative was felt to be dominant. The presence of the railway line, and the need to pull the buildings away from this edge were thought to offer the potential to solve this. - A cohesive style of architecture was thought to be required. - Limited scope to re-use existing buildings, but scope for up-cycling was encouraged.

The comments made were taken into account, and partly resulted in the revised proposals.

In response to these alterations it is considered that a number of areas of concern had been addressed, relating to the overdominance of the car park, the buildings’ proximity to the railway, the provision of a link to Tesco supermarket, and the designation of an area for allotment usage. It is, however considered that some further work would be required to give strong definition to the spaces and to ensure they would be effective and usable. There is also concern regarding the architectural approach, and the internal space arrangements seem to be leading to complex external elevations. These issues would be considered to be quite capable of being addressed as part of a reserved matters submission.

The indicated information submitted with the application states that the proposed buildings would be three/four storeys in height. The site is capable of accommodating buildings of these proportions being somewhat detached from other built form, and this would be considered to be capable of being acceptable.

Overall, the proposal is considered to be capable of resulting in buildings which were well designed and of a scale and nature appropriate to the site and its surroundings. As a result of this the proposal is considered to satisfy the requirements of UDP Policy MU11 part (d) which requires this outcome.

152 Highways

The site was previously used for manufacturing purposes and consent was granted in April 2008 for the re-cladding / new window insertion of the buildings for industrial purposes. The traffic movements associated to the industrial use were considered as part of the previous application (reference 05/00099/FUL), where the following trip generation figures were referred to:

Period In Out Total AM (0800-0900) 81 Vehicles 19 100 PM (1700-1800) 13 69 80 Daily Total 363 366 729

It continues to be considered reasonable to incorporate these figures within assessment of the proposal’s impacts in highway terms despite the current dormancy of the buildings within the site. This is because the site could be brought into industrial use, utilising the April 2008 consent for modifications, without the need for further consent. It would therefore be considered unreasonable to discount the ‘existing’ trip generation details from the current assessment.

The proposed use, including the originally proposed GP surgery, was considered to lead to the following trip generation numbers:

Period In Out Total AM (0700-0800) 45 36 81 PM (1600-1700) 30 32 62 Daily Total 341 339 680

The GP surgery was considered to lead to 343 of the total 680 vehicle movements per day. This meant that the predicted traffic generation would have been comparable to the potentially existing movements, and would have exceeded the levels generated by the proposal for the 201 apartment scheme.

As a result of this concern negotiations secured the removal of the GP surgery from the proposal, to be replaced by a Special Needs Independent Living Unit within one of the existing buildings. This amendment has reduced the proposed trip generation numbers by approximately 309 per day, therefore, a total of 372 movements would be expected per day.

Householders from Troutbeck Road and Abbeydale Road commonly park on each side of Troutbeck Road. This allows only one-direction flows along Troutbeck Road. The Transport Statement submitted with the application discusses the potential to carry out modification works to the highway/footpath, so to allow two- way vehicle movements along Troutbeck Road. Whilst there is a need for two- direction flows along Troutbeck Road, it is uncertain that the existing footways could be reduced sufficiently to allow two-direction flows in a satisfactory manner. Instead, it is considered that some traffic restrictions would be required to ensure that a passing bay was added to one side of Troutbeck Road, enabling two vehicles to pass. This would lead to the removal of potentially two spaces from one side of Troutbeck Road. Any parking removed from Troutbeck Road would be

153 minimal, however, the Design and Access Statement submitted with the application states that secure car parking would be allocated to Troutbeck Road residents affected by highway modifications. The impact of this upon residents of Troutbeck Road dwellings would be limited, and would not repeatedly affect the same residents. This would represent a substantial improvement upon the situation proposed within the 05/00099/FUL application, which would have removed all the parking on the northern side of Troutbeck Road. As a result of this significant difference, this aspect of the proposal would be considered to be acceptable.

With such an amendment the level of vehicle movements which would arise from the proposed development would be capable of being accommodated in the immediate highway network. The movements would be dispersed through the course of a day, rather than being focused on the peak hours. Overall, the existing River Sheaf bridge and the Troutbeck Road and Abbeydale Road junction would be capable of accommodating the vehicle movements which would occur as a result of the outline proposal.

The proposed indicative layout drawing shows a total of 49 parking spaces. The proposed uses would be considered to generate the following parking demands: Sheltered Accommodation; 10 spaces Nursing Home and Care Home; between 15 and 31 spaces Special Needs Independent Living Unit; 11 spaces

As such the submitted layout would be capable of accommodating the level of parking which the proposed uses would be expected to generate. Therefore, the proposal is considered to be acceptable in this regard.

Overall, subject to the imposition of appropriate conditions the proposal would be considered capable of satisfying element (f) of UDP Policy MU11.

Air Quality

Since the proposed trip generation would be less than the existing trip generation levels an Air Quality Assessment was not required, as it would only have concluded improvement upon the potential, existing situation. Therefore, the proposal is not considered to lead to any concerns in terms of Air Quality issues.

Impact on Neighbouring Residents

Whilst it is noted that the application is in outline form with only access proposed for assessment at this stage, indicative details of the buildings’ location and storey numbers are required as part of the application submission. The sheltered housing and nursing home building are shown as being four storeys in height. There would also be likely to be some from of roof structure to ensure compatibility in the locality, in addition to the vertical component of the building.

The indicative layout shows a separation of approximately 50metres between this proposed building and the rear elevations of the terrace of residential dwellings at Troutbeck Road. This separation distance is considered to be adequate to prevent the proposed buildings causing a detrimental impact in overbearing terms or

154 privacy loss due to overlooking implications. In arriving at this conclusion it is considered that there is a significant belt of trees planted in the intervening gap.

Overall, the proposals are considered to have an acceptable impact upon the amenities of neighbouring occupiers. Therefore, the proposal would satisfy the requirements of Part (b) of UDP Policy MU11 which requires that development should not cause residents to suffer from unacceptable living conditions.

Amenities of Potential Occupants

A noise report has been submitted with the application. The report confirms that the most significant source of noise affecting the site is from trains at the adjacent railway line. It shows that the site falls into PPG24 Noise Exposure Category B during the daytime and Category C during night time.

The noise categories are defined within PPG24 ‘Planning and Noise’ as: Category B is where noise should be taken into account, and conditions should be imposed to ensure an adequate level of noise. Category C is defined as where planning permission should not normally be granted. Where it is felt that permission should be granted for other reasons, (e.g. regeneration) conditions should be imposed to ensure adequate protection against noise.

It is considered that there would be regeneration advantages arising from development at the site, as it is a previously developed site that is not performing any function currently. There would therefore be considered to be advantages in enabling the site to be developed to allow it perform some active purpose.

With mitigation measures the impacts of the noise which would otherwise occur can be controlled. These measures would include; the provision of a boundary fence, glazing to habitable rooms which provided sound attenuation to a minimum level of 36 dB(A) and the provision of mechanical glazing to all habitable rooms.

Overall, it is considered that a reasonable noise climate is capable of being achieved for potential occupants within the development. There is not considered to be any reason to resist the proposal for reasons relating to this issue.

Access/Mobility Issues

UDP Policy BE7 ‘Design of Buildings used by the Public’ requires provision to be made to allow people with disabilities safe and easy access to and within the building and to appropriate parking spaces. As the proposal is in outline form the layout plans are not at a level where they can be assessed in terms of their capability of satisfying these requirements. It is therefore considered to be appropriate at this stage to impose a condition which requires the reserved/detailed submission package to be satisfactory in this regard.

155 Affordable Housing

The applicant has acknowledged the relevant Core Strategy Policy (CS40) and Interim Planning Guidance Update relating to this issue. It is stated that it is the applicant’s intention to provide an affordable housing contribution where practicable and where the number of market units is more than 15, subject to an assessment of the viability of the proposal at the appropriate time. As such, the Agent suggests that the appropriate affordable housing contribution should be determined at the reserved matters stage. This approach is acceptable. In order to ensure that this is achieved a condition requiring an agreement on this issue shall be imposed upon any outline consent granted in this instance.

Sustainability

The Sheffield Development Framework – Core Strategy includes Policies CS64 and CS65. Policy CS64 seeks to achieve residential buildings and residential institution buildings to achieve Code for Sustainable Homes Level 3 and BREEAM ‘very good’ standard. Additionally, CS65 requires development to (a) provide a minimum of 10% of their 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%.

The policy requirements have been raised with the agent dealing with the application. The Agent re-iterates that the application is in outline form, and the mechanisms to achieve the targets of Policies CS64 and CS65 require detailed design work. As such the exact methods which may be implemented to achieve these targets would not be able to be specified at this stage. It is also commented that the requirements of Policy CS65 are potentially subject to a feasibility and viability assessment/s, which could not be carried out prior to the nature of the detailed development being more fully understood.

As a result of this it is considered to be appropriate to impose a condition upon any consent requiring Core Strategy Policies CS64 and CS65 to be met, which would also give scope for a feasibility and viability assessment to be provided.

Archaeology

The building was previously used as an engine shed, built by the Midland Railway Company in 1901. It was the largest the company built and is the only remaining part of what was a much larger rail complex. The building has been added to and much altered in its use as a factory. Some original features have been removed or altered. However, much of the original fabric and a number of original building elements remain. It is possible that there may also be contemporary features below the existing concrete floor. It is therefore considered by South Yorkshire Archaeology Service that investigation is necessary, and this can be secured by condition. This would take the form of a photographic and drawn survey. This will be followed by archaeological monitoring during demolition, to allow recording of any below ground features and recovery of any contemporary artefacts.

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On this basis it is considered that any consent should incorporate a condition requiring a programme of archaeological work to be submitted to and approved in writing by the Local Planning Authority.

Open Space Contribution

Guideline G4 of the Open Space Supplementary Planning Guidance states that rest homes, nursing homes and most other institutional uses are not usually required to comply with Unitary Development Plan Policy H16 which covers this issue. This is because occupiers of such accommodation typically do not have a need for outdoor recreation provision, and also such developments are generally set within landscaped grounds.

The sheltered apartments would also be set within landscaped grounds and their occupants would have a lesser demand for formalised outdoor recreation purposes.

Consequently, it is considered to be appropriate to not pursue any contribution toward open space provisions as part of this proposal.

Flood Risk

In relation to the proposal the Environment Agency have referred to the submitted Flood Risk Assessment (FRA). They require that the development is carried out in accordance with certain mitigation measures recommended in the FRA. These can be incorporated as a condition within any outline consent.

The amended indicative layout is considered to be located outside of Flood Zone 2, meaning all the indicated development is located within Flood Zone 1. This means that as indicated the development would be at low risk of flooding, as such the issue of flood risk would not prevent outline consent been granted in this instance.

Drainage

In drainage terms a number of issues are covered within the submitted Flood Risk Assessment. It is stated that surface water discharge from the site would be limited to a total of 8 litres per second. This is considered to be acceptable, and a condition covering this issue can be incorporated within any outline consent. In addition to this matter Yorkshire Water request that a number of issues are covered by condition.

Ground Contamination

The application was not supported by a Contamination Report. However, the Environmental Protection Services advise that as it was previously used as a factory site, contamination may have the potential to adversely affect the proposed development and/or the environment. Consequently, in accordance with Planning Policy Statement 23: ‘Planning and Pollution Control’ consent should be subject to a condition requiring a Phase 1 and Phase 2 Risk Assessment to be carried out.

157 Landscaping

An Arboricultural Survey has been submitted with the application. It identifies trees running around the perimeter to the site, noting that the trees at the southern and western boundary of the site are beyond the application site and therefore out of the control of the developer. A number of trees are identified as fallen within the site and six others are identified for removal.

It is considered that the details of this survey would be acceptable, however, it is concluded that detailed landscape proposals and protective fencing measures would be required at a reserved matters stage. It is also considered that the buildings should be proposed so that they are separated sufficiently from existing trees to not cause future shade and nuisance problems. The latest drawing would provide scope for appropriate separation distances to be achieved.

The proposed landscaping layout is considered to be appropriate, giving a distinctive central landscaped space which acts as a visual focus to the development and an area for residents to meet and look out onto.

Conditions requiring the submission of full landscaping details, including agreement of any felling or pruning and tree protective fencing details will be required.

The proposal is therefore acceptable in regards to Policy GE15 of the UDP which requires development to retain mature trees, and to replace any trees which are lost.

Ecology Issues

An Ecology Survey was submitted with the application. The recommendations made can be summarised as follows:

- the proposed development should retain the tree belts in/adjacent to the site, - particular care would need to be taken when dealing with any Japanese Knotweed, - the buildings were considered to provide limited potential as a bat roost and no evidence of roost sites was found, however, it is recommended that demolition of the buildings is undertaken in a sympathetic manner checking possible crevices etc, positive enhancements for bats could be incorporated within the development such as ridge tile access points or the installation of bat boxes along the River Sheaf, - no evidence of badgers or water voles was identified within the site or accessible land surrounding the survey area, - there are no habitats within the site able to support great crested newts and this would therefore not be considered to be a statutory constraint to the proposed development and - no evidence of breeding birds was found within the site.

158 In relation to this survey and the relevant issues, Policy GE10 of the Unitary Development Plan is relevant. This covers the ‘Green Network’ and states a network of Green Corridors and Green Links will be (a) protected from development which would detract from their mainly green space and open character or which would cause serious ecological damage; and (b) enhanced by encouraging development which increases their value for wildlife and recreation. Also Policy GE11 ‘Nature Conservation and Development’ states amongst other things that “the natural environment will be protected and enhanced”.

Overall, the proposed development is considered to be acceptable in relation to ecological issues. However, it is noted that there is no reference to white clawed crayfish, despite other records confirming their presence within the River Sheaf. Subject to there being no work in the river channel, then this would not be a problem. However, the indicative site layout drawing shows a new weir and water mill within the river. The purpose of this is to power the water fountain within the courtyard to the scheme. The inclusion of such features would necessitate the completion of a white clawed crayfish survey. It would also be likely to necessitate the incorporation of a ‘fish gate’ to allow fish a way around such structures. A condition eliminating the weir from the proposal would be considered to satisfactorily address this matter.

It is also considered that the treatment/removal method to deal with Japanese Knotweed should be taken into account. This matter can be covered by a condition requiring the submission and agreement of a method statement.

Additionally, whilst other protected species were not detected as part of the survey, it is considered that a further check should be carried out before development begins at the site. Similarly, this matter can be covered by adding a condition to any consent granted.

Overall, the outline proposal is considered to be acceptable in relation to ecology issues and to be capable of meeting the requirements of UDP policies GE10 and GE11.

Riverside Walkway

Policy GE17 of the Unitary Development Plan deals with ‘Rivers and Streams’ and encourages the creation of a continuous public footpath along one bank of major rivers and streams, except where this would conflict with important nature conservation interests or public safety. The walk / cycle way is required to be 5metres in width, to provide a 3metre wide footpath and a 2m wide landscaping band. The applicant is aware of this and it is clear from drawings that this provision would be achievable. Additionally, the applicant has acknowledged this requirement, and stated that it would be provided for within the reserved matters submission.

159 RESPONSE TO REPRESENTATIONS

Most of the comments raised within representations have been addressed within the body of the report above. In relation to the outstanding comments the following points can be made:

Concerns relating to an existing litter problem along the riverside walk could not be controlled via any consent granted in this instance.

Details of what is proposed is as clear within the submission as it would be expected to be as part of an outline submission. No reference to a six-storey building forms part of the proposal. The details of what is proposed would form a part of a later, reserved matters submission.

The recruitment of local staff could not be controlled through a planning condition. However, a condition relating to the agreement of a Travel Plan which pursued a reduction in the need for motor vehicles and the facilitation of alternative transport modes can be included within any consent granted here.

SUMMARY AND RECOMMENDATION

The application seeks outline planning permission for the erection of a retirement village. The retirement village is proposed to include a nursing care home (80 beds), an E.M.I./dementia care home (70 beds), sheltered accommodation for the over 65’s (31 flats) and a special needs independent living unit. All matters, except for access, are reserved for determination at a later date.

The site is located within the Archer Road Mixed Use area, and is therefore required to be assessed against Policies MU8 and MU11 of the Adopted Unitary Development Plan.

The outline proposal is considered to be acceptable in terms of impacts upon the local highway network in traffic movement terms and parking numbers terms and it would have an acceptable impact upon the amenities of occupiers of residential dwellings along Troutbeck Road and Abbeydale Road.

The buildings and site layout would be considered to be capable of being designed to be acceptable in design terms, and to provide a suitable environment for potential occupants.

Since the application is in outline form the issues of Affordable Housing and Sustainability measures can not be fully assessed at this stage. However, the applicant is aware of these matters, these matters will be satisfied at reserved matters stage.

The proposed layout would be acceptable in relation to the flood risk and drainage issues which arise. Similarly the proposal would be acceptable in terms of its implications upon ecological factors, trees and the provision of a riverside walkway.

160 Overall, the proposal is considered to satisfy the requirements of UDP Policies MU8, MU11, GE10, GE11, GE15, GE17 and BE7. Additionally, the proposal would satisfy the provisions of Sheffield Development Framework Core Strategy Policies CS40, CS64, CS65 and CS67. Therefore, the outline proposal is considered to be acceptable and conditional approval is therefore recommended.

161