SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 23/11/2009 AND HIGHWAYS AREA BOARD REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS SUMMARY RECOMMENDATIONS SEE RECOMMENDATIONS HEREIN THE BACKGROUND PAPERS ARE IN THE FILES IN RESPECT OF THE PLANNING APPLICATIONS NUMBERED. FINANCIAL IMPLICATIONS N/A PARAGRAPHS CLEARED BY BACKGROUND PAPERS CONTACT POINT FOR Lucy Bond TEL 0114 2734556 ACCESS Chris Heeley NO: 0114 2736329 AREA(S) AFFECTED CATEGORY OF REPORT OPEN 2 Application No. Location Page No. 09/03212/FUL The Walnut Club Brook House 6 557 Ecclesall Road Sheffield S11 8PR 09/03069/LBC 2 Haymarket And 5-7 Commercial Street Sheffield 16 S1 1PF 09/03065/FUL 2 Haymarket And 5-7 Commercial Street Sheffield 22 S1 1PF 09/02978/FUL Parking Bay Opposite The Hicks Building (University Of Sheffield) 33 Hounsfield Road Sheffield S3 7RF 09/02887/LBC Sheffield Midland Station Sheaf Street 36 Sheffield S1 2BP 09/02815/FUL Beauchief Tennis Club 35 Cockshutt Avenue 56 Sheffield S8 7DU 09/02802/CHU 286 Attercliffe Road Sheffield 62 S4 7WZ 09/02791/FUL 286 Attercliffe Road Sheffield 71 S4 7WZ 09/02729/RG3 15/15A Victoria Road Broomhall 76 Sheffield S10 2DJ 09/02637/FUL Land At Junction With Park Grange Road Beldon Road 82 Sheffield 3 09/02591/FUL The Point 69 Division Street Sheffield 94 S1 4GE 09/02565/FUL 17-21 Charter Square Sheffield 101 S1 4HS 09/02493/FUL Land Adjacent Damons Sevenairs Road 106 Sheffield 09/02424/FUL 117 Rockingham Street Sheffield 131 S1 4EB 09/02033/FUL Land East Of Alison Centre And Rear Of Manor Community Childcare Centre 138 Alison Crescent Sheffield 09/01676/CHU Former Hatfields Garages Ltd Abbeydale Road South 169 Sheffield S17 3LH 09/01520/LBC Haqqani House Vincent Road 182 Sheffield S7 1BX 09/01519/FUL Haqqani House Vincent Road 191 Sheffield S7 1BX 09/00055/FUL University Of Sheffield 156 Broomspring Lane 206 Sheffield S10 2FD 08/05959/LBC Sheffield Central Library Surrey Street 212 Sheffield S1 1XZ 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: 23/11/2009 LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION *NOTE* Under the heading “Representations” a Brief Summary of Representations received up to a week before the Area Board date is given (later representations will be reported verbally). The main points only are given for ease of reference. The full letters are on the application file, which is available to members and the public and will be at the meeting. Case Number 09/03212/FUL Application Type A Full Planning Application Proposal Application for a 6 month trial period to extend opening hours of restaurant from 2300 hours to 0030 hours (Application under Section 73 to vary condition 5 (opening hours) imposed by 06/04588/FUL) Location The Walnut Club Brook House 557 Ecclesall Road Sheffield S11 8PR Date Received 14/10/2009 Team SOUTH Applicant/Agent Mr R Mills Recommendation Refuse For the following reason(s): 1 The Local Planning Authority consider that the proposed extended hours of use of the restaurant would result in unacceptable noise and disturbance to occupiers of nearby residential properties as a result of people leaving the restaurant late at night when background noise levels have subsided. The proposal is therefore contrary to Policies S10 (b) and H14 (k) of the adopted Sheffield Unitary Development Plan. Site Location LOCATION AND PROPOSAL The application relates to the Walnut Club, located at 557 Ecclesall Road at first floor level. The site falls within a District Shopping Centre with a small section fronting Neill Road. Ecclesall Road is characterised by a range of specialist shops and by a variety of food and drink establishments and professional services. The closest residential properties are located on the opposite side of Ecclesall Road, and to the rear of the application site, along Neill Road and Porter Terrace. The current planning permission (06/04588/FUL) restricts the hours of use of the restaurant/bar to 0900 hours and 2330 hours Mondays to Saturdays and 0900 and 2300 hours Sundays and Public Holidays. 7 This application seeks to extend the permitted hours of use to 00:30 on all days for a trial period of 6 months. RELEVANT PLANNING HISTORY Planning permission for the existing use was granted in January 2007 (ref. 06/04588/FUL). A condition attached to the permission restricts the opening hours to between 09:00 hours and 23:30 hours (23:00 hours on Sundays and Public Holidays. This planning permission included a first floor extension to the Neill Road elevation and an enclosed decked area (no access for customers). These elements of the permission have not been implemented to date but could be lawfully added in the future without the need for further consents. An application was submitted in October 2008 to extend the opening hours of the premises on Mondays to Saturdays until 02:00 hours. This application was refused at the City Centre South and East Area Board on the grounds of dis-amenity to neighbouring properties. A subsequent application was submitted and refused in August 2009 for a trial period of 6 months to extend the opening hours of the premises on Fridays and Saturdays only, to 01:30 hours. This application was also refused at the City Centre South and East Area Board on the grounds of dis-amenity to neighbouring properties. The building was previously a children’s play and music centre (Class D1) (ref. 04/01722/CHU). Prior to that it had been used as offices (Class B1) and as a Co- op food store (Class A1). Planning permissions relating to other bar/restaurant uses in the Ecclesall Road District Shopping Centre are referred to in subsequent sections. SUMMARY OF REPRESENTATIONS 24 letters of representation have been received objecting to the proposed development. Issues raised include: - A previous application was refused on 11 August 2009 because it would result in unacceptable noise and disturbance to occupiers of nearby residential properties. This would be equally true of an extension to 12:30 hours. - There have been two recent Planning Inspector decisions at the Porter Brook and Nonna’s declining their requests to open beyond 23:30 hours. - This is a residential area; opening later will mean that noise is experienced at a more unreasonable hours. - Taxis will idle outside the venue, and then sound their horns and car doors will be slammed. - A precedent should not be set by this application, for the adjacent 5 restaurants and bars. - This is the third application to extend their opening hours and nothing has changed. 8 - Customers wishing to smoke would need to stand outside the venue creating external noise into the early hours. - Ecclesall Road is busy during the day but at night is quiet, people leaving in the premises will noisy with sound carrying much further. - There will be an increase in litter from intoxicated patrons. - The application for an extension seems to be an attempt by the owners to change the nature of the premises from a restaurant into a night club. - Repeated reapplication for this extension is a waste of the council officers and elected councillors time and hence a waste of council tax payers money. - Midnight should be the extreme that the local community can tolerate. - Ecclesall Road is an avenue of restaurants and bars and there may become a time when another area becomes trendy and there could be a decline with empty business/shop sites. - The idea of late night drinking is fine in principle in the city centre, but not in residential suburbs. - Increase use of the premises will cause additional parking difficulties in the area. - Camel Court opposite the premises is a retirement home, and the extra opening hours will cause unacceptable noise problems to residents. - It was made clear to the Walnut Club that late night opening was not acceptable in this location and they should look to the city centre for a suitable premise. - The proposal would be contrary to Policies S10 (b) and H14(k). 21 letters of support have been received (3 additional named letters have been received in favour, however do not have a full postal address or email address and therefore have not been noted). - Give local businesses a chance, the extra hour would be minimal. - Making this a busier venue would be a good thing for the immediate local economy and should be supported. - This is a quality establishment which is a restaurant at first floor level. If it becomes noisy after 6 months it should be revoked. - There are already bars in the area benefiting from late closure; it seems unfair that this business is being selected as unsuitable. - This is not a student bar where people are spilling onto the streets and making noise, this time extension should be allowed in this 21st century city. - As a student, it’s nice to go to the Walnut Club without the student prejudice present, and without having the full on drunk student presence A letter from the applicant has been received stating: - There will be a 24 hour Tesco off license in the same building next month which means customers will just move down stairs. 12:30 is a reasonable hour for people to finish dining and have a drink and relax afterwards. - This is a first floor venue, so no street level noise or visible from the street to disturb residents.