1 SHEFFIELD CITY COUNCIL Development, Environment And

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH AND EAST PLANNING DATE 12/10/2009 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

Application No. Location Page No.

09/02777/FUL Walter Fox & Partners Ltd 16 Suffolk Road 6 Sheffield S2 4AJ

09/02741/RG3 Central Fire Station Wellington Street 14 Sheffield S1 3FG

09/02736/FUL Budgens Stores Ltd Unit 14 19 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

09/02706/FUL 30 School Street Sheffield 27 S20 5EB

09/02624/FUL 24A Barnet Avenue Sheffield 37 S11 7RN

09/02559/FUL 110 Gleadless Common Sheffield 48 S12 2UR

09/02448/FUL Velocity Village 5 Solly Street 55 Sheffield S1 4DE

09/02426/FUL Wincobank Glass & Glazing Co 46 Sandstone Road 73 Sheffield S9 1AG

3 09/02395/FUL Site At 66, 68 And 70 Upper Allen Street (Site Of Former 70 Upper Allen Street) 81 Sheffield S3 7GW

09/02393/CHU Static 52 - 54 West Street 87 City Centre Sheffield S1 4EP

09/02300/FUL Land At Weakland Close Weakland Drive Weakland Way And 92 Weakland Crescent Sheffield

09/02290/FUL 151 Arundel Street Sheffield 110 S1 2NU

09/02286/LBC 151 Arundel Street Sheffield 130 S1 2NU

09/02228/FUL Land Between Wincobank Close And 85 Wincobank Avenue 138 Sheffield

09/02227/FUL Spring Lane College Brimmesfield Road 152 Sheffield S2 2JR

09/02149/FUL Persistence Works 21 Brown Street 166 Sheffield S1 2BS

4 09/01907/FUL Kiosk 5 & 6 The Moor 172 Sheffield S1 4PF

09/01898/LBC Britannia Steelworks Furnival Road 179 Sheffield S4 7YA

09/01532/FUL Britannia Steelworks Furnival Road 183 Sheffield S4 7YA

09/01451/FUL 76 Queen Victoria Road Sheffield 193 S17 4HU

06/01076/CAC Holiday Inn (Posthouse Hotel) Manchester Road 203 Sheffield S10 5DX

06/00836/FUL Holiday Inn (Posthouse Hotel) Manchester Road 205 Sheffield S10 5DX

5 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The SOUTH Planning And Highways Area Board Date Of Meeting: 12/10/2009

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 09/02777/FUL

Application Type A Full Planning Application

Proposal Alterations and side extension to form restaurant (Use Class A3) with ancillary hot food takeaway (Application under Section 73 to vary conditions imposed by planning application - 05/03230/FUL to allow phased development and variation of condition No 11. to allow opening hours between 0700 hours and 0030 hours on Monday to Thursday and Sunday and 0700 hours to 0130 hours on Fridays and Saturdays)

Location Walter Fox & Partners Ltd 16 Suffolk Road Sheffield S2 4AJ

Date Received 02/09/2009

Team CITY CENTRE AND EAST

Applicant/Agent CS Surveying & Architectural Design Ltd

Recommendation Grant Conditionally

Subject to:

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

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

6 2 Before each item of new construction is commenced, details of the proposed external materials and finishes for that specific part of the development, 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 Prior to the extension being commenced a sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

4 Prior to the construction of each of the items listed below, large scale drawings and sections of that particular item shall be submitted to and approved by the Local Planning Authority:-

(a) Canopies (b) Window systems and sash window (c) Door and window reveals (d) Louvres (e) Stone cladding detail including fixings

Thereafter the development shall be constructed in accordance with the approved details.

In order to ensure an appropriate quality of development.

5 The use hereby permitted shall not be commenced unless the scheme of sound attenuation works given in the Hepworth Acoustics Report, reference 3454.1/2, dated June 2005, as amended by letter dated 14.09.06 has been installed and thereafter retained. Such scheme of works shall be capable of achieving the following internal noise levels:- Noise Rating Curve NR45 (2300 to 0700 hours). Noise rating curves should be measured as a 15 minute linear Leq at the octave band centre frequencies 31.5kHz to 8kHz.

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

6 Prior to the use commencing, full details of a system of fume extraction shall be submitted to and approved in writing by the Local Planning Authority. This system shall provide a flue terminating 1 metre above the eaves level and shall be fitted with a low resistance cowl.

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

7 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) Include the measurement of noise levels within the restaurant when the Leadmill Nightclub is in full operation on either a Friday or Saturday night with live music playing and amplified music in all rooms.

b) Be carried out in accordance with an approved method statement.

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

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

8 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant or equipment should not be altered without prior written approval of the Local Planning Authority.

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

9 No 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.

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.

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

11 The building shall be used for the above mentioned purpose only between 0700 hours and 0030 hours on any day, except for one year from the date of the permission when it may be used between 0700 hours and 0030 hours on Monday to Thursday and Sunday and between 0700 hours and 01.30 hours on Fridays and Saturdays.

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

12 The areas referred to as stores on plans 004F and 002D shall only be used for storage purposes unless otherwise agreed in writing by the Local Planning Authority.

In order to minimise the potential for noise conflicts between the nightclub and restaurant uses and in the interests of the amenities of the area.

13 Notwithstanding the provisions of the General Permitted Development (Amendment) Order 2005, or any statutory instrument revoking and re- enacting that order, there shall be no permitted change of use to A1 retail without prior planning permission being obtained from the Local Planning Authority.

In order to ensure an A1 retail use is not created in this out of centre location without proper consideration being given to the policy and shopping impact implications, in accordance with Policy Planning Statement 6.

14 Tactile (corduroy) paving shall be provided at the head and foot of external entrance steps laid out in accordance with dDS 6 steps, available on the Council's web site and entrance door weights shall not require a greater force than 20 N to open, unless otherwise agreed in writing by the Local Planning Authority.

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

15 The building shall not be used unless the car parking accommodation for 12 cars as shown on the approved plans (or alternative parking layout agreed in writing by the Local Planning Authority) has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

Attention is drawn to the following justifications:

1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

IB6 - Development in Fringe Industry and Business Areas

9 IB9 - Conditions on Development in Industry and Business Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Site Location

LOCATION AND PROPOSAL

The application site comprises of two and three storey buildings faced mainly in red bricks but with some rendered areas. The two storey buildings face onto Suffolk

10 Road with a rear range being three storeys high. The buildings facing onto Suffolk Road comprise of an undistinguished 1930s workshop with a flat roof and an earlier attached building with slate pitch roof and sash window at first floor level. Both buildings contain unsympathetic shop fronts with projecting galvanised roller shutters. To the south there is a yard area containing a 2-storey flat roof toilet block extension and other dilapidated extensions. The 3-storey building is a traditional brick faced workshop that forms part of the Leadmill complex of buildings.

The area is generally commercial in character. To the south there is a mixed use residential and office scheme developed in the last few years at Columbia Place. To the west facing onto Leadmill Road there is the Leadmill nightclub and entertainment venue along with an office building.

Planning permission was granted in Jan 2007 for change of use of the premises to a restaurant along with alterations to the elevations and a side extension. As yet this permission has not been implemented. Whilst the applicant wants to proceed with the change of use, albeit on a smaller scale than originally intended, they are unable to finance the extension and all the external alterations originally proposed at this stage. The planning conditions were worded in such a way that the applicant would need to submit full details of the extension and external alterations before proceeding with the change of use. The application seeks to vary some of the conditions so that the details relating to the extension and alterations can be submitted at the time when these works proceed. The amendments to most of these conditions do not affect the impact/intensity of the use or the design of the alterations. Therefore it is not necessary to revisit the principle of the use or the details of the design. However the applicants are also seeking permission to vary the opening hour’s condition to the restaurant, to allow opening to 0130am on Fridays and Saturdays (originally 0200am proposed for all days), rather than 00.30am as limited by the existing permission.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy

The only significant policy issues to be considered relate the issue of extending the opening hours. The application site is located in a Fringe Industry and Business area as identified on the Unitary Development Plan Proposals Map. Policy IB9 states that development will be permitted that would not cause residents to suffer from unacceptable living conditions.

The Night-Time Uses Interim Planning Guidance approved by cabinet in October 2005 states that cafes, pubs, restaurants and places of entertainment can enliven town centres and support the evening economy, but they can also have an impact on the character of the centre, increase anti-social behaviour, and cause a nuisance to nearby residents.

Guideline 1 seeks to limit the opening hours of nightclubs, pubs and takeaways to 12.30 within the Cathedral, Heart of the City and Devonshire Quarters, in order to protect the existing residential-type character. It is argued that the later opening restaurant/cafe uses is much less of an issue as they tend to have little impact on nearby residents.

Guideline 2 states that Food and Drink uses will be allowed if:

- conditions for nearby residents and people working in the area will not be harmed by noise breakout, traffic, parking on nearby streets, odours, street noise, or general disturbance; and

- they are unlikely to lead to anti-social behaviour that would disturb residents, workers or users of the area.

Changes to the conditions to allow a phased development.

Of the 15 conditions attached to the original consent the applicants are proposing to amend numbers 2, 3, 4, 11 and 15.

The changes to the wording of conditions 2, 3, 4, and 15 are of a minor nature and allow the applicant to submit samples of materials and more detailed drawings of various details at a later stage, but before the works commence. These alterations do not change the nature or impact of the scheme.

Change to opening hours.

The car park that will serve the proposed use is located on the south side of the building and is overlooked by a number of flats in the adjoining mixed use scheme. It is a fairly small car park which can accommodate 12 -15 cars. Whilst this site is located close to the Leadmill, the activity and noise associated with this use is mainly concentrated in Leadmill Road to the rear. Given the close proximity of residential windows to the car park it is considered that there would be likely to be some disturbance to residents from noisy customers leaving the premises, cars revving and doors being slammed. Officers have therefore negotiated with the applicants to amend the opening hours being applied for to 00.30 am Mondays to Thursdays and on Sundays, and 01.30 on Fridays and Saturdays. This is considered to be a reasonable compromise, it allows the applicant greater flexibility at weekends, when activity levels are likely to be higher, whilst still safeguarding residential amenity. These extended hours would be allowed for a temporary period of a year in order to monitor the situation.

SUMMARY AND RECOMMENDATION

The changes to the wording of conditions to allow for a phased development are of a minor nature and do not affect the form and impact of the development. Extending the opening hours at weekends is likely to increase the impact on residents living on the adjoining site. However the increased impact is limited to weekends and it is considered that the impact on residential amenity is not so great

12 that it justifies refusing planning permission. It is proposed that the extended hours are allowed for 1 year so that the impact can be reviewed.

Case Number 09/02741/RG3

Application Type Application Submitted by the Council

Proposal Use of land as a short stay pay and display car park

Location Central Fire Station Wellington Street Sheffield S1 3FG

Date Received 27/08/2009

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

1 The use shall cease on or before the 12th of October 2012.

A permanent consent for a surface level car park would be an inefficient use of land for this site and the scheme is of insufficient quality for a permanent car park and would thereby detract from the amenities of the locality.

2 The car park shall be operated as a short stay car park with the maximum stay limited to 6 hours.

In the interests of supporting the central shopping area and promoting travel outside the peak period, in accordance with Unitary Development Plan Policy T23 and Core Strategy Policy CS 57.

3 Before the car park is brought into use details of the following matters shall be submitted to and approved by the Local Planning Authority. a) A revised parking layout incorporating 6% disabled spaces and convenient pedestrian access points. b) The measures to be adopted to achieve a “Park Mark” award.

In the interests of meeting the needs of disabled people, providing convenient pedestrian access and designing out crime.

Attention is drawn to the following justifications:

14 IB7 - Development in Business Areas T24 - Public Short-stay Car Parking CS53 - Management of Demand for Travel CS57 - Park-and-Ride and Car Parking in the City Centre

and to all relevant material considerations, including Supplementary Planning Guidance.

Site Location

15 LOCATION AND PROPOSAL

The application site is the vacant central fire station, which is bounded by Wellington Street, Rockingham Street and Carver Street. It is occupied by a red brick building of between 2-5 storeys, which was built in the 1980s.

To the north of the site there is a public car park and office building. To the west, on the opposite side of Carver Street there are surface level public car parks. Telephone House lies to the south, which incorporates offices and a multi storey public car park. To the east on the opposite side of Wellington Street there are small scale workshops and a surface level public car park.

The application proposes a temporary pay and display car park. As the building is not within the conservation area the demolition of the existing building does not require planning permission.

The layout plan shows a car park with a capacity for 228 cars. Seven of the spaces are identified as disabled spaces. Vehicular access to the car park is to be from the north west corner of the site, off Rockingham Street.

The site will be surfaced with black tarmac and bounded by a timber knee rail. Lighting is to be provided to comply with South Yorkshire Police, ‘Park Mark’ and secured by design requirements.

RELEVANT PLANNING HISTORY

Reserved matters consent was granted for the fire station head quarters in August 1983, application 83/00952/REM.

Outline planning permission was granted on this and other sites for, ‘The New Retail Quarter’ - mixed use development comprising of refurbishment/change of use of existing buildings & erection of buildings for retail (use classes A1, A2, A3, A4 & A5), housing (use class C3), night club, health & fitness club, multi-storey car parking and ancillary uses including the closure and alterations of public highways, vehicular access, servicing facilities, formation of open space & associated landscaping, in November 2006, application 05/03933/OUT.

A reserved matters application is at present undetermined on the site, for the erection of a three/four storey building to form a department store to provide 26,842 sq. m of retail (Use Classes A1 and A3) accommodation and car parking accommodation (493 spaces), application 08/01870/REM.

SUMMARY OF REPRESENTATIONS

One representation has been received from the South Yorkshire Passenger Transport Executive. Whilst they welcome the plan to allocate car parking as short stay parking, they question the need to provide more car parking in the City Centre.

They point out that a number of new car parks have been built in the City Centre and there is a 438 space car park for short and long stay parking opposite the site.

16 They note that whilst the site is intended to provide parking spaces to support ‘The New Retail Quarter’, this development has not been constructed. They say that at peak time car parking in Sheffield City Centre is below maximum capacity, (at 80%) and they are not aware of any capacity issues. They are concerned that over provision could detract from the use of public transport and the plans to expand Park and Ride in the city.

PLANNING ASSESSMENT

Policy Issues.

The application site is identified as a Business Area in the Unitary Development Plan Proposals Map. Business (B1) is the preferred use but car parks are an acceptable use.

Policy T24 states that public short-stay car parking provision will be encouraged in the City Centre. The commentary on this policy states that short stay parking within reasonable walking distance of the main shopping streets is important to enable the Central Shopping Area to thrive. In the City Centre most short stay trips are made outside the peak periods and so do not contribute to peak period congestion.

Core Strategy Policy CS 53 promotes good quality public transport and the management of public car parking to reduce long stay commuter parking in favour of short-stay parking. It also supports providing long-stay park-and-ride facilities near the edge of the main urban area.

Core Strategy Policy CS57 states that short -stay parking provision in the City Centre will be increased to 9,500 spaces and long-stay parking will be reduced to enable this to be achieved. Additional long stay parking to serve the City Centre will be provided through park-and-ride facilities outside the centre. The commentary attached to this policy says that to achieve a more accessible City Centre, and to support its economic transformation, larger, higher quality car parks are needed. The provision of 13 major car parks combined with a number of smaller facilities will create a total of 9,500 shopper and visitor spaces to serve the City Centre. These spaces will be in place by 2012.

At present there are approximately 7,585 short stay spaces available in the City Centre. This is well below the target set in Core Strategy policy CS57. Therefore this proposal is supported by planning policy as it will increase the provision of short-stay parking in the City Centre. The site is within easy walking distance of the main shopping areas and therefore is likely to be attractive to shoppers. Whilst planning policy seeks to encourage high quality car parks, it is unreasonable to require investment in a high quality car park for the short period pending the redevelopment of the site as part of ‘The Retail Quarter’. The redevelopment of the site for a department store and multi-storey parking will deliver the high quality short stay parking spaces. Planning policy promotes increased short stay parking along side promoting public transport access and park-and-ride car parks. Given this, and the fact that the site is to be used as one of the permanent ‘New Retail

17 Quarter’ car parks, (with a larger capacity), it would be unreasonable to resist this proposal on the grounds of overprovision.

Access Issues.

The design and location of the vehicular access off Rockingham Street is considered to be adequate to serve the car park.

Pedestrian access points have yet to be identified, therefore this detail is controlled by condition.

Approximately 3% of the parking spaces are suitable for disabled people. These are positioned at the Charter Square and north west corners of the site. British Standard 8300, titled ‘Design of buildings and their approaches to meet the needs of disabled people’ recommends that 6% of the spaces for a development such as this, should be suitable for disabled people. The applicant is agreeable to this and an appropriate condition is proposed.

Amenity Issues.

There are no sensitive uses near the site and therefore there is no reason why the proposal should be detrimental to the amenities of adjoining occupiers.

The site is prominent in the City Centre. A large surface car park in such a prime location would not be acceptable as it represents an under use of the site and it is of insufficient design quality. Given that this is only a temporary proposal, pending the commencement of work on ‘The New Retail Quarter’, it would be unreasonable to insist on higher quality boundary treatment, landscaping and surfacing materials. The appearance of a car park is unlikely to be significantly different than that of a cleared site.

Safety Issues.

The applicants have confirmed that the car park will be designed to achieve the Secured by design “Park Mark” Safer Parking Award. This award considers boundaries, lighting, surveillance, pedestrian access and management issues. It is therefore concluded that reasonable measures will be taken to design out crime.

SUMMARY AND RECOMMENDATION

Provision of a temporary short-stay car park on this site is considered to be consistent with planning policy. The existing building is likely to be demolished pending redevelopment, in order to minimise the owner’s liabilities. This does not require planning permission. It is considered that for a temporary period a surface car will be no more visually harmful than a cleared development site. A safe vehicular access is proposed to the site and the “Park Mark” design award will ensure that consideration is given to security issues. It is therefore recommended that planning permission be granted.

Case Number 09/02736/FUL

Application Type A Full Planning Application

Proposal Use of retail unit (Use Class A1) for Use Class A3 purposes (Restaurants and Cafes) including formation of external seating area

Location Budgens Stores Ltd Unit 14 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

Date Received 25/08/2009

Team CITY CENTRE AND EAST

Applicant/Agent Devonshire Green Holdings Ltd

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the use of the site as a restaurant (Use Class A3) would further erode the residential character of the area and the mixed use character of the Plaza and would also result in an unacceptable degree of noise, smells and general disturbance to the detriment of the living conditions of occupiers of neighbouring residential properties. In these respects the proposal is contrary to Policies H10 and H14 of the Unitary Development Plan and Guidance 7.2 of the Devonshire Quarter Action Plan.

19 Site Location

LOCATION AND PROPOSAL

The application site comprises of a large retail unit located in the south east corner of The Plaza, the ground floor retail/commercial centre at the northern end of the largely residential West One complex. The unit, which fronts onto Fitzwilliam Street, was formerly occupied by Budgens (a mini supermarket).

There are currently twelve units facing onto The Plaza, and a thirteenth located at the junction of Convent Walk and Cavendish Street. Seven of the thirteen (54%) are already in A3/A4 (restaurant/café/bar) use, which equates to almost 70% in terms of floor area.

Planning permission is sought for the change of use of the former Budgens store to a restaurant (Class A3), including an outdoor seating area. The proposed tenant is City Centre Restaurants UK Ltd, part of The Restaurant Group who operate 354 restaurants and pub/restaurants across the country, including brands such as Frankie and Benny’s, Chiquitos and Garfunkels. The Group intend to open a

20 Motown themed restaurant known as The Filling Station, which currently operates from 8 sites in Scotland. The premises, which would comprise of a restaurant, a bar area and an outdoor seating area, would accommodate approximately 180 customers and employ 25 full and part-time staff.

RELEVANT PLANNING HISTORY

08/04888/FUL Planning permission was granted in December 2008 for the change of use of unit 12 from a retail unit to a restaurant (Use Class A3).

08/03045/FUL An application to extend the opening hours at unit 3 (Bar 23) until 0000 hours was approved in August 2008.

07/01862/FUL Permission was granted in October 2007 for the extension of opening hours at units 1 and 2 (Revolution) to 0800-0030 hours Monday-Saturday and 0900-0030 hours Sundays and public holidays.

07/01727/CHU An application for the change of use of units 11 and 12 from retail (A1) to a bar/restaurant (A3/A4) was withdrawn in October 2007.

06/03519/CHU In November 2006, planning permission was granted for the use of unit 5 as an extension to an estate agents (A2).

06/02884/CHU Planning permission was refused in October 2006 for the change of use of units 11 and 12 from retail (A1) to a bar/restaurant (A3/A4) for the following reasons:

‘The local planning authority consider that the use of the site for food and drink purposes (Use Class A3/A4) would result in an unacceptable degree of noise, smells and general disturbance to the occupiers of neighbouring residential properties. In these respects the proposal is contrary to Policy H14 of the Unitary Development Plan.’

This decision was upheld at appeal.

06/02865/CHU An application for a temporary outside seating area at units 1 and 2 (Revolution) for restaurant/bar purposes (A3/A4) between 0900 and 2230 hours daily was approved in March 2007.

06/02190/FUL An application to vary condition no. 2 (as imposed by planning permission 05/03077/FUL) to extend the opening hours of the bar/restaurant at unit 3 until 0000 hours was approved on 22 August 2006.

05/03077/FUL Planning permission for the use of unit 3 as restaurant (A3) and bar (A4) with a 2300 hours closing time was granted on 23 September 2005.

05/01183/CHU The use of unit 3 and part of unit 2 as a restaurant (A3) was approved on 19 July 2005. A 2300 hours closing time was conditioned.

21 05/00561/CHU The use of West One’s former leisure and fitness suite (The Cage) as offices (B1) was granted on 1 June 2005.

03/01573/CHU An application for outside seating areas in association with Class A3 purposes (food and drink) was approved on 5 August 2003. Conditions were imposed requiring the seating areas to units 1 and 2 to be used only between 0900 hours and 1930 hours on any day and, at units 8/9, 10, 13 and 15 to be used only between 0800 hours and 2230 hours on any day.

00/01269/FUL The West One application, for the erection of flats, basement car parking, retail units (A1), offices (A2), restaurants/bars (A3), leisure (D2) medical centre (D1) and crèche (D1) (amended scheme) was granted planning permission on 22 February 2001. Condition 22 of the approval required no more than 33% of the proposed retail units/floorspace to be occupied by A3 (food and drink) units (In order to comply with the Devonshire Quarter Action Plan Policies).

SUMMARY OF REPRESENTATIONS

6 objection letters have been received in connection with the proposed change of use, 5 from residents/flat owners and one from Cllr Jillian Creasy. The concerns raised include:

- The original planning consent for West One stated that two thirds of the outlets should be in retail rather than food and drink use in order to encourage daytime use and benefit the residents of West One. Turning Unit 14 into a bar/restaurant tips the balance even further away from this vision.

- As the units in the Plaza were largely designed as retail units rather than bars and restaurants, the arrangements for deliveries, waste collection, noise attenuation and the extraction of fumes are not adequate given they are in very close proximity to residential properties.

- The occupants of apartments overlooking The Plaza are directly affected by noise and disturbance from patrons of the bars and restaurants from early evening until the early hours of the morning. The noise levels are excessive, particularly at weekends. Another A3 unit will only add to the noise nuisance and disturbance.

- Existing bar and restaurant owners/managers regularly breach the conditions imposed upon them to control noise and disturbance. For example external seating should be removed by 2230 hours but drinkers are often sitting outside much later than the conditions allow.

- There is clear guidance that the closing time for bars/restaurants in this area is 00.30 hours. This reflects the fact that this part of the Devonshire Quarter is predominantly residential in character.

- The are more than enough bars and restaurants in the locality.

- Residents of West One have to endure enough noise, disturbance and anti social behaviour at unsociable hours without adding to it.

- Unit 14 should remain in retail use, preferably a supermarket, to enhance the facilities of those who live and work in the vicinity and maintain variety in local employment prospects.

- The Plaza is becoming a place for visitors to the area rather than local residents.

- Residents already experience a loss of amenity as a result of the noise and smells emitted from existing restaurants within The Plaza. The proposed restaurant could compound these problems.

- The proposals for unit 14 include a large bar area suggesting the main purpose is for bar trade. A restaurant does not need a large bar area.

- The Plaza is a suitable location for some restaurants but not for bars given the residential nature of the development.

- There are apartment located directly above unit 14. The sound insulation will need to be of a higher specification than at Revolution for example.

- Daytime footfall is not created by bars.

- The applicant’s survey was delivered to each apartment (tenanted and owner occupied) via the post boxes. Tenants are not concerned about property values or whether the proposed change of use will make apartments more difficult to market because tenants are not as concerned about the long term quality of life at West One. This reduces the value of their survey.

In addition 3 letters of support have been received from the occupants of 3 units within The Plaza. They made the following comments:

- the long term vacancy of the Budgens unit has had a harmful impact on business, particularly given the prominent location of the unit at the gateway of The Plaza.

- Granting planning permission will improve the look of the development.

- The proposed change of use will benefit the already vibrant mix of restaurants and add further to the attraction of the complex.

- If the only interest in this unit is from bars/restaurants, consent should be granted as it has been empty for almost 2 years.

PLANNING ASSESSMENT

Land Use Issues

The application site lies within a Housing Area and a Housing Priority Zone as defined in the Unitary Development Plan (UDP). Policy H10 of the UDP (Development in Housing Areas) describes housing as the preferred use of land in such areas. Food and drink uses are considered to be acceptable provided that

23 they are not so large or numerous that they cause disturbance to people living there.

Policy H14 of the UDP (Conditions on Development in Housing Areas) states that new development or changes of use will be permitted provided that they: occupy only a small area and will not lead to a concentration of non-housing uses, which would threaten the residential character of the area; not lead to air pollution, noise, smell, excessive traffic levels or other nuisance or risk to health and safety for people living nearby; and be on a scale consistent with the residential character of the area.

The City’s Core Strategy reinforces the important role the city centre plays in meeting future housing needs. Policy CS27 (Housing in the City Centre) identifies areas in which the expansion of housing will be encouraged, including the area around Devonshire Green. The locations identified in the Core Strategy are those where the environmental and locational benefits are considered greatest and where the needs of residents would not conflict with other uses.

Therefore, while the proposed restaurant is an acceptable land use in principle, it is considered that the formation of another very large restaurant within West One’s Plaza would threaten the residential character of the area and have a harmful impact upon the amenities of those residents living in the immediate vicinity. As such the development is considered to be contrary to the aims of Policy H14.

Amenity Issues

The Devonshire Quarter has a good mix of housing for sale and rent, catering for families and single people, as well as a good supply of student accommodation. Indeed, the area to the west of Fitzwilliam Street is identified in the Devonshire Quarter Action Plan as the best location for family housing in the city centre, owing to its proximity to open space (Devonshire Green) and to a primary school (Springfield).

The success of the area encouraged a growth in convenience stores, cafes, bars and restaurants, which led to concerns that residents should not be seriously affected by noise and disturbance from late night activities. The City Centre Living Strategy (April 2004) sought to guide future housing development in the City Centre and limit the potential conflict between residents and late night uses.

Guideline 8 of the Strategy expects planning submissions involving potentially noisy uses to submit a scheme of works to address noise problems. It states that planning permission will be refused for developments that are unable, through design, technical measures or separation, to prevent noise and disturbance from affecting residents. As no scheme of noise control was submitted with this application, we have been unable to determine whether it would be possible to prevent noise from within the building harming the amenities of resident.

Whilst it may be possible to prevent significant noise breakout from the proposed premises, there is little that can be done to control the noise generated by people

24 leaving the site at closing time. The Council is aware that this is already an issue within the Plaza and the proposed development could exacerbate this problem.

Guideline 10 of the City Centre Living Strategy identifies the Devonshire Quarter as an area of the city in which the amenity of residents, during night-time hours, is arguably more important and so, for developments involving pubs, bars and restaurants, recommends restrictions on opening hours in order to prevent undue disturbance.

In October 2005, further interim planning guidelines were adopted by the Council in order to help the Planning Service deal with applications for development relating to night time uses. City Centre Night Time Uses – Interim Planning Guidelines (IPG) aims to protect the living conditions of residents by limiting the opportunities for noise and disturbance that might directly affect them.

Like the City Centre Living Strategy, guideline 1 of the IPG identifies two areas of the city centre where there is a need to provide a greater level of protection against noise and disturbance and recommends that, in these areas, a 12.30 closing will normally be applied. The two areas where opening hours are more vigorously controlled are the Heart of the City/Cathedral Quarter and the section of the Devonshire Quarter to the west of Fitzwilliam Street.

Guideline 2 advises that leisure, food and drink uses will only be allowed if: conditions for nearby residents and people working in the area will not be harmed by noise breakout, traffic, parking on nearby streets, odours, street noise, or general disturbance; and they are unlikely to lead to anti-social behaviour that would disturb residents, workers or users of the area. The guidelines also state that the Council will take into account the cumulative harmful effect of existing leisure and entertainment uses.

Similarly, Planning Policy Statement 6: Planning for Town Centres (PPS6), paragraph 2.24, states that in drawing up their policies and proposals for managing the evening and night time economy, local planning authorities should consider the scale of leisure developments they wish to encourage and their likely impact, including the cumulative impact on the character and function of the area, antisocial behaviour, crime and the amenities of nearby residents.

The key issue in this instance is considered to be the cumulative impact on the amenities of the residents of the largely residential West One complex of another large restaurant within the relative confines of the Plaza, the design of which may even amplify noise generated within its confines.

It is considered that the amenity of West One’s residents is affected by the balance of uses within the Plaza, and that the cumulative impact of another large restaurant would undoubtedly have a harmful impact, and could lead to the closest residents suffering from fairly intolerable living conditions.

25 Mixed Use/Vitality Issues

West One was conceived as a largely residential, mixed use development with a shopping precinct at the northern end of the site to tie in with the Devonshire Street and West Street/Glossop Road shopping areas. When planning permission was granted, a 30% restriction was imposed on the amount of food and drink units (condition 22) in order to comply with the principles of the Devonshire Quarter Action Plan. The Action Plan seeks to protect specialist shopping uses in the area, in the face of strong pressure from food and drink uses, by restricting the level of non-shopping uses. Proposal 7.2 of the Action Plan states that, on Division Street/Devonshire Street (whole length) a maximum of one third of the linear ground floor frontage in any one block will be permitted to change to non-shopping uses, and on West Street and Glossop Road between Carver Street and Upper Hanover Street, a maximum of half the linear ground floor frontage will be permitted to change to non-shopping uses.

The 30% limit has since been exceeded in The Plaza with 54% of units currently in food and drink use (almost 70% in terms of floor area). The Council has, on more than one occasion, accepted the applicant’s contention that, despite extensive marketing, they have been unable to attract any A1, A2, B1 or D1 uses to vacant units, though they were able to attract an A1 use (hairdresser) to unit 11 in 2008. Now, in order to protect the vitality of the area and the viability of the remaining retail units, any further loss of retail space is considered to be unacceptable.

Unit 14 has been marketed during one of the worst economic recessions in recent history, which would clearly have had an impact upon the level of retail interest. Letters from 3 letting agents were submitted with the application confirming the extensive efforts made to market the property. One of the agents stated that it is not possible to attract a retail occupier to this site. However, it is also understood that there has been recent interest in the use of unit 14 from the owners of a local oriental supermarket who are seeking a large contemporary retail unit to increase their reputation and enhance their image.

SUMMARY AND RECOMMENDATION

West One was conceived as a largely residential, mixed use development with a shopping precinct, known as The Plaza, at the northern end of the site. 54% of units within The Plaza are currently in food and drink use (70% in terms of floor area) and it is considered that the cumulative impact of another large restaurant would threaten the residential character of the area and have a harmful impact upon the amenities of those residents living in the immediate vicinity due noise, smells and general disturbance, particularly at closing time.

Members are therefore recommended to refuse this application for the following reasons:

Case Number 09/02706/FUL

Application Type A Full Planning Application

Proposal Erection of dwellinghouse (Amended scheme to 09/01485/FUL) (amended plan 170/4A)

Location 30 School Street Sheffield S20 5EB

Date Received 25/08/2009

Team CITY CENTRE AND EAST

Applicant/Agent Hooley Tratt Partnership Ltd

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008, or any Order revoking or re-enacting that Order, no enlargement, improvement or other alteration or extension of the which would otherwise be permitted by Class A to Part 1 of Schedule 2 to the Town & Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 shall be carried out without prior planning permission.

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

4 The windows and velux windows on the east facing elevation of the dwelling shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

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

5 The UPVC window and doors shall be coloured cream unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

6 The dwelling shall not be used, unless the parking and turning, hard surfaced areas of the site are constructed of permeable/porous paving, unless otherwise agreed in writing by the Local Planning Authority. Thereafter the approved parking and turning area and 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.

7 Prior to the dwelling being brought into use details of boundary treatment to the northern boundary to prevent overlooking of No 3 Vine Grove Court from the patio doors shall submitted to and approved by the Local Planning Authority. The approved details shall be implemented before the dwelling is brought into use and thereafter permanently retained.

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

8 Before any development commences details of tree pruning works to the weeping Ash tree shall be submitted to and approved by the Local Planning Authority. The approved works shall be carried out by a qualified tree surgeon before any construction commences.

In the interests of the amenities of the locality.

9 Before construction commences the temporary tree protection fence, designed in accordance with BS5837:2005 shall be erected at the edge of the root protection area as defined on the approved plan. Protection of the tree shall be in accordance with BS 5837, 2005 and the protected area shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained tree 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.

10 The routing of all services shall be located outside the root protection area as identified on the approved plan.

In the interests of the amenities of the locality.

28 11 Before any construction commences cross sections of the construction details for the drive area within the root protection area, showing the vehicular compaction protection measures and the surface build up, along with a working methodology, shall be submitted to and approved by the Local Planning Authority. Thereafter the drive construction shall be carried out in accordance with the approved details.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE18 - Development in Areas of Special Character

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

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

2. The applicant is advised to agree a photographic record with the Highway Authority of the highway/footpath adjacent to the access before development commences in order to ensure that there is no dispute over rectifying any damage caused during construction.

3. The applicant is advised that services should not be taken through the land to the east and the development should not encroach on this area as it forms the habitat or a protected species.

29 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.

5. The applicant is advised that a concrete edging to Sheffield City Council Highway Authority specifications should be laid to mark the extent of the footway adjacent to the development site. Please contact Howard Smith on 2736131 if you require more guidance on this matter.

30 Site Location

LOCATION AND PROPOSAL

The application site forms part of the rear garden of No 30 School Street. This is a two storey red brick and stone Victorian property that faces onto School Street. To the south of the site there is a small modern development of 2 storey houses, the gable end and drive of one of these properties adjoins part of the southern boundary of the site, No 1 Vine Grove Gardens. To the north of the site there is a garden area and single and two storey former farm outbuildings that have been converted to residential use. The ground level of the site is approximately 700mm to 850mm above the level of the garden of the property to the north, No 3 Vine Grove Court. To the east there is open scrub land which forms part of Vine Grove Farm.

The application proposes the construction of a two storey 3 bedroom house. The dwelling is sited in the south east corner of the site adjacent to the gable of No 1 Vine Grove Gardens. A brick faced building is proposed with stone cills and lintels and a pitched slate roof. There is a two storey gable to the front with a bay

31 window. The site will be accessed off Vine Grove Gardens, a small cul de sac serving approximately five dwellings. Two parking spaces are proposed within the site.

The site is a little overgrown but reasonably level. A large weeping ash tree that is covered by a Tree Preservation Order overhangs the south western part of the site.

RELEVANT PLANNING HISTORY

Planning permission was refused under delegated powers for the erection of a dwelling house on the same site in July 2009, application 09/01485/FUL. The scheme was refused permission for the following reasons.

- The proposed dwelling is considered to be over development as it will appear overbearing from No 3 Vine Grove Court and will overshadow this property. Due to its close proximity to the site boundaries it will overlook adjoining property to the east which could affect its future development potential or amenity value. The proposed amenity space is also considered to be unsatisfactory to serve a family dwelling. The proposal is thereby considered to be detrimental to the amenities of adjoining occupiers and contrary to UDP policies H14 and H15.

- The applicant has failed to demonstrate that adequate parking provision and access thereto can be provided on the site, with the dwelling as proposed. The proposal will therefore adversely affect the amenities of adjoining occupiers and is considered to be contrary to UDP policy H14.

There have been a number of applications that relate to the conversion of farm buildings adjoining number 30 School Street, for the erection of an extension to No 30 School Street and for pruning of the Weeping Ash Tree in the garden of No 30 School Street. None of these are of direct relevance to the application proposal.

SUMMARY OF REPRESENTATIONS

4 representations have been received which raise objections to the proposal.

The main points are as follows.

- The access to the site is unsafe as there is insufficient visibility for pedestrians and vehicles using the site access and the access to No 1 Vine Grove Gardens. This is contrary to Unitary Development Plan Policy H14 part d). - The plans do not accurately plot the extent to which the weeping ash tree overhangs the site. The root protection zone is larger than is shown on the plans and services, construction vehicles; cars will cause damage to the roots. The amount of pruning required to the tree will have a detrimental impact on its form. - Construction works may disrupt the habitat of protected species that occupy the adjoining site. - Why is housing being considered when a double garage was refused in 2004? - Vine Grove Gardens is not suitable to be used as an access for another dwelling and it will be damaged during construction. - The proposal will affect the amenity of No 1 Vine Grove Gardens.

32 - The patio windows will overlook the bedroom windows and garden of No 3 Vine Grove Court. Building a higher wall or erecting a fence would block light to the kitchen window of No 3. - There are no dimensions on the plans, which could lead to the applicant changing the scheme in the future.

PLANNING ASSESSMENT

Policy Issues

The application site lies in a housing policy area. Therefore the proposal is acceptable in principle subject to the details being judged to be satisfactory.

Character and appearance issues

The application site lies in an Area of Special Character. Policy BE18 states that proposals will be expected to retain buildings, walls, trees and open spaces that contribute to the character of the area. New development should respect the appearance and character of the area.

Although this is a back garden development it is not located in an area with a traditional street pattern. The urban form is more varied and there are two storey residential buildings adjoining the site to the north and south, in a similar location to the application proposal. It is therefore concluded that subject to the detailed design this proposal will not have a harmful impact on the character of the area.

There are a mixture of brick and stone faced buildings in the locality, as this site lies within the old village of Mosborough. No 30 School Street is predominately brick faced with stone door and window surrounds, a slate covered roof and prominent chimneys. A small development of five brick faced dwellings, with art stone lintels and cills and a concrete tile covered roof has been constructed to the south of the site. Stone faced former farm buildings have also been converted to residential use to the north of the site.

The proposed dwelling is of a traditional design with brick faced elevations, stone window surrounds and a pitched slate roof. The materials match those at No 30 School Street. These materials along with the chimney and bay window will help to tie the development in with its surroundings. The slate roof covering and use of cream UPVC windows, rather than white UPVC, will lift the quality of the development slightly above that of the adjacent modern scheme.

Whilst this development is not of particular high quality, the overall design and materials are considered to be reasonably in keeping with the surroundings. The local character is strongest on the School Street frontage, and given that this is not a road frontage site, and the context provided by the adjacent recent development, the design is considered to be acceptable.

33 Amenity Issues

The previous application was refused because of its overbearing impact on No 3 Vine Grove Court, overlooking of land to the east and the lack of garden space.

In the current scheme the dwelling footprint has been reduced and it has been moved further from the boundary with No 3. At its nearest point the dwelling is 5.6m from the boundary with No 3. The only habitable windows facing No 3 are at ground floor level and consist of patio doors to a kitchen. A cross section has been submitted which shows that it will not be possible to overlook the garden of No 3 from either the patio doors or the garden area of the proposed new dwelling, provided screen fencing is erected around the car parking area, where the existing boundary wall is lower. The same cross section also shows that the sight line between the patio doors and the bedroom windows at No 3 would only allow the top of the window frame to be viewed. A condition is therefore proposed requiring a screen fence to be erected such that it is 1.8m above the floor level in the new house. This is likely to be between 200-300m above the height of the existing boundary wall. This will prevent any risk of overlooking. Whilst the existing boundary wall is approximately 2.3m high, increasing its height by 200/300mm along a part of its length will not have a significant impact on the amenities of the occupiers at No 3.

The first floor windows in the new dwelling are just over 8m from the garden boundary with No 30 School Street. Ideally there should be 10m, for privacy reasons. However the part of the garden at No 30 nearest the bedroom windows is occupied by a large weeping Ash tree, therefore views will be filtered by the canopy. The tree also means that this area is not the most useable part of the garden. This relationship is therefore considered to be satisfactory.

In all other respects the proposal will not have a significant impact on the privacy or outlook of adjoining properties.

The design of the dwelling has now been changed and windows that face to the east are obscure glazed windows.

The revised layout allows a useable garden area of 50 sqm to be provided. This is considered to be sufficient to serve a family dwelling.

Impact on the weeping Ash tree

The existing weeping Ash tree is covered by a tree preservation order and it overhangs the full width of the drive area which provides access to the site. The extent of the canopy is not plotted on the plans but the root protection zone is accurately plotted, using the methodology set out in the appropriate British Standard.

There will need to be some pruning of the lower branches of the trees to provide vehicle clearance. However the Council’s landscape architect is satisfied that this will not have an unacceptable impact on the form of the tree, provided the works are carried out be a qualified tree surgeon.

A landscape area is proposed over part of the root protection zone within the application site. Over the remaining area within the site that forms part of the drive, a cellular load support reinforcement layer is to be provided. The drive will be finished in permeable block paving and gravel. This is the best way to prevent damage to the tree's root system and ensure continued moisture and nutrient penetration. Provided this method is followed properly the impact of cars running over the tree roots should not be harmful. The application site level is approximately 0.5m above the level of the base of the tree.

A protective fence will be erected around the edge of root protection zone during construction to prevent damage during construction. The applicants have advised that the house can be constructed without the need to bring large items of plant on to the site which might damage the tree.

The applicants have advised that the services can be routed either via Vine Grove Gardens, (subject to any necessary approvals) or through the garden of No 30, and that there is sufficient space to avoid the root protection zone.

The Council’s landscape architect considers that the weeping Ash tree should not be significantly harmed, provided that the tree protection measures are implemented. Conditions are proposed to cover these matters.

Access Issues

The previous application was refused because the parking arrangements were not considered to be workable.

The revised site layout proposes 2 parking spaces at the north west corner of the site with a turning area in front of the house.

Vine Grove Gardens is a small cul de sac and is considered to be adequate to serve one additional dwelling. Vehicle manoeuvring details have been tracked on the site plan to show that cars can enter and leave the site. Whilst the visibility between the site access and the adjacent drive is not ideal, cars will be travelling at a low speed and therefore it is considered that this does not create such a serious traffic and pedestrian safety risk as to justify opposing this proposal.

A development of this nature would be expected to provide 2 off street parking spaces and therefore the proposal meets the Councils parking guidelines. The turning arrangements within the site are tight but considered to be acceptable.

RESPONSE TO REPRESENTATIONS

The application relates to land that forms part of a private garden and it is the scrubland to the east that is of particular wildlife interest. When the previous application was determined the Police Wildlife Crime Officer was called to the site to investigate a claim that the development would harm the habitat of protected species. After visiting the site the investigating officer confirmed that the building will not affect the protected species.

Damage caused by construction traffic is not a planning matter.

The plans have always been drawn to scale and therefore it has been possible to accurately determine the size and location of the building. The applicant has now also put dimensions on the plans.

The 2004 application for the garage was at the opposite side of No 30 School Street and did not affect the application site.

SUMMARY AND RECOMMENDATION

The proposal is considered to be acceptable in policy terms and due to the form of the proposal and the site context it should not be harmful to the character of the area. The scheme has been amended to reduce the impact on neighbours to an acceptable level and sufficient garden space will be provided for a three bedroom house. The design is considered to be satisfactory and the tree protection measures should safeguard the health of the weeping Ash. Whilst the access and parking arrangements are not ideal they are not so poor as to justify resisting this proposal. It is therefore recommended that planning permission be granted.

Case Number 09/02624/FUL

Application Type A Full Planning Application

Proposal Demolition of bungalow and erection of a dwellinghouse and garage

Location 24A Barnet Avenue Sheffield S11 7RN

Date Received 14/08/2009

Team SOUTH

Applicant/Agent Mr C Tordoff

Recommendation Grant Conditionally

Subject to:

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

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

2 Unless otherwise authorised in writing by the Local Planning Authority, the development must be carried out in complete accordance with the following approved plans:

Site Location Plan (17 Aug 2009) DWG 001 (17 Aug 2009) DWG 002 (17 Aug 2009) DWG 003 (17 Aug 2009) DWG 004 (17 Aug 2009) DWG 006 (17 Aug 2009) DWG 007 (17 Aug 2009) DWG 008 (25 Aug 2009)

In order to define the permission.

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

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

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

Roof materials Render material and finish Windows

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

In order to ensure an appropriate quality of development.

5 Before development is commenced, full details of all hard surfaced areas within the site shall have been submitted to and approved by the Local Planning Authority. Such details shall consist of porous materials, or shall direct surface water run off from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse. Thereafter the hard surfacing shall be implemented in accordance with approved details.

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

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

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

7 The vertical cedar cladding (as shown on Drawing Number DWG 007) shall be implemented prior to occupation of the dwellinghouse, and shall be permanently retained thereafter.

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

8 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the shall not be used unless such means of site enclosure has been provided in accordance with the approved details and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

38 1. The decision to grant planning permission and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

BE5 - Building Design and Siting H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas CS31 - Housing in the South West Area

and to all relevant material considerations, including Supplementary Planning Guidance.

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. The applicant should install any external lighting to the site to meet the guidance provided by the Institution of Lighting Engineers in their document "Guidance Notes for the Reduction of Light Pollution". This is to prevent obtrusive light causing disamenity to neighbours. The Guidance Notes are available from the Institute of Lighting Engineers, telephone number (01788) 576492 and fax number (01788) 540145.

39 Site Location

LOCATION AND PROPOSAL

The proposal refers to the plot of 24a Barnet Avenue, which previously incorporated a detached bungalow. The plot is accessed from a driveway, which links directly to Barnet Avenue. The site borders the back gardens of neighbouring properties on Muskoka Drive, Barnet Road and Barnet Avenue. To the North is an expanse of land, presumed to be owned and used by one of the properties on Muskoka Drive or Barnet Avenue.

Members will recall that the site was subject to an application earlier this year which sought consent for the construction of a first-floor plus a two-storey side extension to the West and a two-storey addition to the North of the bungalow which existed at that time. The approval also incorporated consent for a detached garage. Following the granting of consent in May 2009 work commenced, at which point it was discovered that the previously existing bungalow was not sufficiently structurally sound to enable the approved extensions to be constructed.

40 Consequently, the bungalow was completely demolished with the intention of constructing a totally new dwelling in accordance with the approved plans. However, since the previously existing bungalow had been demolished it became impossible to implement the approved extension. As such a further application was required to be submitted, seeking the demolition of the bungalow and the erection of a dwellinghouse and garage. The currently proposed dwellinghouse and garage match identically the previously approved extensions and garage.

The plot is relatively large in area, covering over 700 square metres, it is relatively narrow. The previously existing bungalow was separated by approximately 3m from the curtilage with properties on Muskoka Drive, and between 3 and 6m from the boundary to properties on Barnet Avenue. It benefitted from a large expanse of associated amenity space to the South.

The land is not flat at the site, and the previously existing detached garage to the North was set on ground approximately 1.5m lower than the land on which the main bungalow was located.

The proposed dwellinghouse would be separated by approximately 2.8metres from the east boundary, which is shared with Muskoka Drive properties. It would also be separated by approximately 1.0m from the western boundary, shared with Barnet Avenue dwellings. The proposed dwelling would be of a different design to the previous bungalow, featuring rendered walls rather than bricks, and differently proportioned windows and patio doors to the North and South elevations.

The proposed garage replaces the existing garage, and this would also match the previously approved garage.

RELEVANT PLANNING HISTORY

The approved application discussed above was preceded by an application which sought consent for a first-floor extension and two-storey front extension and the erection of an attached garage, under reference 08/05586/FUL. The proposal had a flat roof and randomly aligned windows, and involved an extension projecting up to the site of the existing garage. The application was refused for the following reasons:

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

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

41 SUMMARY OF REPRESENTATIONS

Fourteen representations have been received. The comments made can be summarised as follows:

Material Planning Considerations

-No improvements can be seen in the scheme -Represents an over-development of the site, overbearing impacts can be clearly seen now scaffolding has been erected. Level of site is raised above surroundings. Dwelling located very close to boundary hedges. - Leads to over-shadowing. -Over-looking issues from northern elevation. -Proposal does not satisfy Guidelines 5 and 6 of the Designing House Extensions Supplementary Planning Guidance. Also fails to meet UDP policies BE5 (a), which states new buildings should compliment the scale, form and style of surrounding buildings and policy H14. -Garaging for 5 cars is excessive for a four bedroom house. -Opportunity to view dwellinghouse from neighbouring properties is critical and should be taken. Planning Committee should also visit the site.

-Query relating to potential use of security lighting. -Possible future use as separate apartments or for business purposes. -Whilst it is stated that the application is identical to the existing planning permission, it is requested that the Planning Authority ensure that the drawings are followed precisely. House appears to be larger than that originally planned.

-The on-going building works must be considered illegal. -Presumably application is to be viewed as a totally new submission.

-Previous assessment was carried out when trees were in full leaf, as these are deciduous they will not be in leaf and therefore the previous judgement is flawed. -The previous comparison to numbers 16 and 26 Barnet Avenue is spurious as these are not infill plots. -Damage to hedge will prevent it acting as a privacy screen, which was referred to in previous report.

Non Material Planning Considerations

-Perimeter hedges are not owned by applicant but the respective neighbouring owners, and no permission to reduce their height will be granted. Similar concern in relation to adjoining garden and garden shed.

-Improper demolition of bungalow and construction of new dwelling. -New footings and foundations have been created, and the entirety of the bungalow was removed despite contents of a letter sent by applicant to neighbours. A structural survey carried out with the original application would have avoided this situation.

42 -Applicant has written to and visited all the people who objected to the previous application. Concern that the system can be used in this way.

-Builders noise, radio and language. Blocking of peoples drives. Damage to pavement

In addition to the responses received from neighbouring occupiers, two items of correspondence have been received from Cllr S Dunkley. The comments made can be summarised as follows: -Disappointment that bungalow has been demolished despite details of the original planning permission. -New dwelling still believed to be too high. Will lead to loss of amenity and there is potential for overlooking of adjacent properties. This view is strengthened having visited an affected rear garden. -Windows in side elevation of the new house allow overlooking. -New balcony allows overlooking into the garden of neighbouring property (namely Num.16 Barnet Avenue) -The provision of a bungalow would be an acceptable approach.

PLANNING ASSESSMENT

The site falls within a Housing Area in the Unitary Development Plan, resulting in Housing being the preferred use in accordance with Policy H10 of the Adopted Unitary Development Plan. This is subject to the proposal satisfying the requirements of policy H14 ‘Conditions on Development in Housing Areas’. Policy H14 states, amongst other things, that in Housing Areas new development will be permitted provided that:

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

Additionally, the provisions of UDP policy BE5 ‘Building Design and Siting’. are also applicable. Part (a) of which states original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings.

Policy CS31 of the Sheffield Development Framework Core Strategy Document states that in relation to Housing in the South-West Area “priority will be given to safeguarding and enhancing its areas of character. The scale of new development will be largely defined by what can be accommodated at an appropriate density through infilling, windfall sites and development in district centres and other locations well served by public transport”.

The previous report also referred to the need for the development to be assessed against the guidelines in Supplementary Planning Guidelines (SPG) upon

43 ‘Designing House Extensions’. Whilst the proposed development no longer represents the extension to a dwelling, the parameters set out in this document are relevant to assessment of the current application.

It should be emphasised that the currently proposed final building scheme mirrors identically the proposed building in the approved scheme. The approved scheme does represent a material consideration for the determination of the application.

Design Issues

The proposed dwelling would feature a pitched roof, comprising two gables facing the North and South. The majority of windows will be at the North and South elevations, however, two side windows are proposed to the East at ground floor level. Three rooflights are also proposed to serve an en-suite, bathroom and laundry room. A cream coloured render is proposed for the walls, and grey concrete tiles for the roof.

The use of a pitched roof is considered to result in the building complementing the surrounding properties, which have similarly designed roofs. In addition surrounding properties are predominantly rendered, and therefore the proposed render would be considered to be in keeping with this characteristic. Similarly the proposed use of concrete tiles and uPVC windows would match features of several neighbouring properties.

Some concern has been expressed that the proposal continues to represent an over-development of the plot. It was commented within the previous Board Report that the resulting dwelling would cover an area of approximately 120 sq metres, and this remains the case in relation to the current scheme. This level of area coverage is similar to that characterising existing two-storey properties on Barnet Avenue within similarly sized plots. Numbers 16 and 26 were previously given as examples of similarly sized dwellings in similarly sized plots.

Obviously the proposed dwelling includes accommodation at first floor level. In this regard it was previously noted that the total height of the proposed building would be in line with the vertical wall height of surrounding buildings. The proposed roof is designed with a low pitch, which reduces the visual impact of the proposal.

The proposed dwelling was previously considered to be appropriate to the size of the plot, and to not constitute an over-development. Since the current application matches the previous approval, there would be no reason to conclude that the proposed dwelling would result in an over-development of the plot, or be out of character within the locality. It would not be considered possible to support a refusal of this application based upon this issue. The proposal would therefore be considered to satisfy Policy BE5 and the relevant aspect of H14. Additionally, the provisions of Core Strategy Policy CS31 are considered to be satisfied.

44 Amenity Issues

The proposed dwellinghouses’ side elevations would be separated by approximately 30metres from the rear windows of dwellings on Barnet Avenue and Muskoka Drive.

The Supplementary Planning Guidance applying to Designing House Extensions can be applied to the proposed dwelling, and its relationship with neighbouring dwellings. Guideline 5 states that a separation of 12metres would prevent a two- storey extension or building having an overshadowing or overdominance impact on neighbouring occupiers. Since the separation distances significantly exceed 12metres it is considered that the proposal would not cause overshadowing impacts or affects of overdominance.

Dwellings on Muskoka Drive are set approximately 0.5m below the application site level. However, the separation distance is considered to be sufficient to compensate for the amplifying impact this would have on the building’s perceived height.

A number of comments have been received relating to the potential for impacts on privacy created by overlooking from proposed windows. Side facing windows are only present at ground floor level facing east. These windows would serve the kitchen/dining space and be approximately 30metres from the rear elevation of Muskoka Drive properties, and 3m from the shared boundary. Guideline 6 of the Supplementary Planning Guidance requires a minimum distance of 21m between facing main windows. The 2m boundary hedge was previously said to curtail views from these windows. Correspondence received in relation to this application has referred to some degree to damage done to this hedge which would lessen its screening capacity. To ensure that boundary treatment is acceptable preventing views to the end section of neighbouring gardens, such details should be required to be agreed by condition.

The side elevations continue to show rooflights. These serve non-habitable rooms and are likely to be set in excess of 2m above floor level of the rooms, permitting only upward looking views. A condition can be placed on any consent requiring the rooflights to be at last 1.8metres above floor level, to ensure that downward views are not achievable.

The front and rear elevations include numerous, large windows. Directly to the north the land is open space, not directly adjacent to the responsible dwellinghouse, and therefore less sensitive to overlooking given the detachment. Angled sideward views from these front elevation windows would enable some overlooking of the end portion of neighbouring gardens. The rear elevation windows would be set approximately 23metres from the curtilages rear boundary, with the nearest dwellings in that direction being an additional 31m to the south. Therefore, views toward the rear boundary would not enable overlooking which would compromise amenities of neighbouring occupiers. As with the front elevation windows, angled sideward views would allow overlooking onto the end portion of adjoining gardens.

45 The end portion of gardens are considered to be less sensitive to overlooking from neighbouring occupiers than the section adjacent to the dwelling. Within suburban settings adjoining neighbours can often view the end section of each others gardens. The proposed dwelling would give rise to the potential for similar views to be achieved. It is therefore considered that the impact upon privacy of neighbouring occupiers would not be significant.

The previous approval included a balcony, and this remains a part of the current proposal. The balcony would feature cedar cladding panels at each of it’s sides. This would enable only views toward the rear boundary, protecting occupants of Muskoka Drive and Barnet Avenue from impacts on their privacy.

Some comments have been received regarding the possible installation of security lighting. Whilst there is none proposed as part of this application, it would be possible to install without the need for planning permission. Given this possibility it is recommended that a directive is added indicating that the Institution of Lighting Engineers’ guidance on this matter should be met.

The proposed garage is larger than the existing garage at the site. However, the additional footprint and height resulting from the ridged roof would not lead to significant impacts on amenities of the neighbouring occupiers.

Overall, the proposal would therefore satisfy the relevant provisions of Policy H14.

Highways Issues

The proposal includes a double garage and three spaces additional to this. The level of off-street parking is considered to be sufficient to avoid any potential generation of parking on the street. The level of vehicle movement likely to occur would not be considered to lead to impacts that would have a detrimental impact on neighbouring amenities.

A concern has been raised regarding the over-provision of car parking. It is said this would be contrary to the Council aims regarding climate change. It is considered that in larger plots, such as the application site, it is difficult to restrict the level of car ownership given the provision of or scope for permeable hard areas. The scheme would be considered to satisfy the relevant provisions of Policy H14.

RESPONSE TO REPRESENTATIONS

In relation to the material planning considerations the majority of points have been summarised above. In regards to the outstanding points it can be commented that: -Any conversion to apartments or use as a business premises would require planning consent, and would be subject to separate assessment. -The drawings have been closely followed, and a number of visits to the site have been carried out to ensure this remains so. -The current application is required to be assessed as a new submission, however, the previous consent is a material consideration of significant weight in this assessment.

ENFORCEMENT

The applicant was advised to stop carrying out works at the site, pending determination of the current planning application. Despite this advice, work at the site has continued. The continuation of works was therefore not contrary to any enforcement notice, nor was it illegal. It was however, carried out entirely at the applicant’s own risk.

SUMMARY AND RECOMMENDATION

The current application was submitted following the granting of consent for extension works to a bungalow resulting in a two storey dwelling. Rather than implementing this consent to extend the bungalow, the bungalow was demolished and works commenced to construct a dwellinghouse precisely matching the approved building.

It is considered to avoid constituting an over-development of its plot, and to not lead to a detrimental impact on the amenities of neighbouring occupiers. The proposal would safeguard privacy of neighbouring occupiers by avoiding creating significant opportunities for overlooking. In addition since the current proposal matches the previous approval which is a material consideration, should be approved.

Overall, the proposal is considered to comply with Adopted UDP policies BE5 and H14, Policy CS 31 of the Core Strategy and parameters given in the Designing House Extensions Supplementary Planning Guidance, which provides helpful parameters for assessment in this instance.

It is therefore recommended that the application is granted subject to conditions.

Case Number 09/02559/FUL

Application Type A Full Planning Application

Proposal Erection of dormer bungalow

Location 110 Gleadless Common Sheffield S12 2UR

Date Received 13/08/2009

Team SOUTH

Applicant/Agent Renishaw Design Services Limited

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development would result in unacceptable overlooking to and/or from adjoining residential property, leading to unacceptable loss of privacy, and would therefore be contrary to Policy H14 of the Unitary Development Plan and Guidelines 4 and 6 of the Supplementary Planning Guidance on Designing House Extensions.

2 The Local Planning Authority consider that the proposed development would owing to the restricted dimensions of the site and the close proximity of neighbouring properties result in an overdevelopment of the site which would be detrimental to the amenities and living conditions of occupiers of neighbouring properties and the future occupiers of the proposed dormer bungalow. As such, this proposal would be contrary to Policy H14 of the Unitary Development Plan and Guideline 4 of the Supplementary Planning Guidance on Designing House Extensions.

3 The proposed development does not include suitable car parking accommodation within the site and the Local Planning Authority consider that, in the absence of such car parking accommodation, the proposed development could lead to an increase in on-street parking in the vicinity of the site, which would be detrimental to the safety of road users and, as such, contrary to Unitary Development Plan Policy H14.

4 The Local Planning Authority considers that the proposed means of access (by reason of its restricted width dimensions and lack of adequate turning provision) would be unsuitable for use by emergency service vehicles and as such, the proposal would be detrimental to highway safety and also detrimental to the amenities of the locality. For this reason the proposal would be contrary to Unitary Development Plan Policy H14.

5 The proposed development would result in an over-intensification of the use of an existing sub-standard means of vehicular access which the Local Planning Authority consider would be detrimental to the safety of road users and to the free and safe flow of traffic on Gleadless Common and, as such, contrary to Unitary Development Plan Policy H14.

Site Location

49 LOCATION AND PROPOSAL

This is an application for a new dormer bungalow within the curtilage of 110 Gleadless Common in a Housing Policy Area the Gleadless area of Sheffield.

The application site (number 110 Gleadless Common) is one of two existing bungalows located in a backland position behind properties on Gleadless Common. The two existing bungalows located in the backland position are accessed by an existing private vehicular access drive which is located between 108 and 112 Gleadless Common.

This proposal seeks to utilise the side garden of number 110 Gleadless Common to create the plot for the proposed new dormer bungalow. The site at present is mainly laid to lawn with an ornamental patio and pond contained within.

The proposed resulting plot for the new dormer bungalow would measure approximately 22 metres by 9 metres. The proposed dormer bungalow would be a two-bedroom unit and would have a large flat roof dormer window on the rear roof plane and two smaller traditional (pitched roof) dormers on the front elevation. The proposed footprint of the new bungalow would measure approximately 6.5 metres wide by 8 metres deep. The overall height of the proposed dormer bungalow would be approximately 6.5 metres. In addition to the windows on the front and rear elevations, the proposed dormer bungalow would also incorporate first floor windows on both side elevations (one window to an en-suite bathroom and the other to the first-floor landing).

The proposed dwelling would be sited approximately 9 metres to the rear garden boundary and, there would be a separation distance of approximately 16 metres between the proposed new dwelling and the rear elevation of 29 Durlstone Grove. The front elevation of the proposed bungalow would have a separation distance to the rear elevation of 11 Durlstone Crescent of approximately 17 metres.

The proposed development plot is bounded to the north, east and southern boundaries by an existing hedge of approximately 2 metres in height. Other than from neighbouring residential properties, the proposed dormer bungalow would not easily be visible from the public domain (i.e. from Gleadless Common, Durlstone Grove or Durlstone Crescent).

This development makes some provision for two off-street car parking spaces off the existing shared drive at the front of the proposed new bungalow.

RELEVANT PLANNING HISTORY

Previous planning history relating to the site includes an application (reference 02/00791/FUL) for a single storey side/rear extension to the dwellinghouse (110 Gleadless Common) including the erection of a detached garage. This application was conditionally approved in May 2002.

50 SUMMARY OF REPRESENTATIONS

One letter of representation has been received from a neighbouring resident living on Durlstone Crescent. The representation raises an objection against the proposal. The reasons for objection have been summarised and are listed below:-

- The proposal will result in overlooking and loss of privacy onto neighbouring gardens;

- The security of neighbouring properties will be compromised as a result of this development;

- There will be an increase in the levels of noise and pollution created by the extended section of access drive being closer to neighbouring boundaries and the increased number of vehicles using the access drive;

- The proposed dormer windows will lead to overlooking into main habitable rooms of neighbouring residential properties;

- The proposal seeks to have soakaways to deal with the surface water drainage, as a consequence of this, the proposal could lead to increased flooding problems;

- The beech hedge, trees and other shrubs could become damaged by construction and other traffic using the site access drive;

- The proposed development represents an over-development of the plot.

PLANNING ASSESSMENT

Policy Issues

The application site lies within a Housing Policy Area as defined in the Sheffield Unitary Development Plan and as such, Policies H10 “Development within a Housing Policy Area” and H14 “Conditions on Developments within a Housing Policy Area” are both relevant.

Policy H10 indicates that in Housing areas residential use is the preferred use, given that this proposal is for a new residential dwelling, the proposal clearly accords with this policy.

Policy H14 stipulates that new developments in Housing Policy Areas should only be permitted provided that: - new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and - the site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and - it would provide safe access to the highway network with appropriate off-street parking and there be no danger to any pedestrians.

51 Also relevant are the guidelines laid down in Supplementary Planning Guidance ‘Designing house extensions’ which provides sound planning guidance with regard to space about dwellings and inter dwelling separation distances. In this instance, attention is drawn to Guideline 4 which stipulates:- that a minimum distance of 10 metres from a rear elevation of a property to a back boundary is normally required for reasons of neighbours privacy as well as amenity. Attention is also drawn to Guideline 6 which indicates that a minimum separation distance of 21 metres should also be provided between facing main aspect windows in order to maintain privacy levels between main habitable rooms of neighbouring properties.

Layout & Amenity Issues

The proposed siting and style of the new dwelling is such that the proposed first floor front and rear dormer windows in the new dwelling will not achieve the minimum separation distances between main habitable room windows on neighbouring properties. In this instance the proposed rear dormer will be approximately 16 metres to the main rear elevation of number 29 Durlstone Grove and only approximately 13 metres away from an existing rear conservatory at the rear of number 29 Durlstone Grove. The proposed dormer windows at the front of the property will have a separation distance to the rear windows of 11 Durlstone Crescent of approximately 17 metres. Clearly therefore there are insufficient separation distances at the front and rear of the proposed bungalow with the consequence being that loss of privacy and overlooking will occur for residents of neighbouring properties.

Also worth noting is that the existing application site bungalow (110 Gleadless Common) has a single-storey rear conservatory extension with clear glazing panels that would face directly onto the rear private amenity area at the rear of the proposed new bungalow. Whilst the applicant has shown a new boundary fence between the new bungalow and the existing bungalow (110), there is a difference in ground levels which effectively places the existing bungalow (110) on higher ground by approximately 0.7 metres. There is therefore further concern that despite the introduction of a boundary fence between the two properties, some degree of overlooking will occur from the conservatory at the rear of 110 Gleadless Common onto the private rear garden of the proposed new dormer bungalow.

The dimension between the rear of the proposed dormer bungalow to the rear party boundary is 9 metres, as previously stated, supplementary planning guidance requires a minimum distance of 10 metres, in this respect therefore, the proposal does not meet guideline 4 of the Council’s approved supplementary planning guidance. This is particularly made worse by the fact that the residential properties at the rear on Durlstone Grove have relatively small gardens depths (9 metres).

It is considered that the inadequate separation distances between the new dormer bungalow to the boundaries and neighbouring windows further emphasises the over-developed nature of the development in the context of surrounding constraints.

52 Highway Issues

The existing access drive serving the existing bungalows and the proposed new dormer bungalow is considered to be sub-standard. The width of the access drive does not allow two vehicles to pass and it is considered that this would be particularly problematic at the junction of the access with Gleadless Common where vehicles could meet head-on resulting in the need for vehicles having to reverse back onto the highway.

The proposed new dormer bungalow is in excess of 45metres from the public highway, it will therefore be necessary for a fire appliance to be able to access the site, entering and exiting in a forward gear. The dimensions of the site are such that it does not appear possible to provide the required turning areas for a fire appliance. Furthermore, the width of the access drive at approximately 3.2 metres is also well below the minimum width requirement of 3.7 metres required for a standard fire appliance.

Officers consider that whilst two off-street car parking spaces are shown on the submitted plans, the spaces shown are not adequately useable. A minimum width of 6 metres is required to the rear of each parking bay to enable vehicles to manoeuvre out of the parking space, in this instance the width available is in the order of 4.4 metres.

In terms of highway-related issues therefore, officers feel that proposal would lead to an intensification of use of an existing sub-standard access and, that there would be a lack of suitable access to the site for emergency service vehicles.

The proposed access drive would run adjacent to the front elevation windows of the two existing backland properties (bungalows numbered as 110 and 110a Gleadless Common) as such, it could be argued that the comings and goings of additional vehicles and people would be detrimental to the amenities of the occupants of these two neighbouring properties.

In view of the above concerns, it is felt that the proposal does not comply with Policy H14 of the Sheffield Unitary Development Plan.

SUMMARY AND RECOMMENDATION

This is an application for the erection of a detached dormer bungalow within the existing domestic curtilage of an existing house in an area considered to have a strong established residential character.

It is considered that the existing constraints of the site (i.e. limited dimensions, distance to the public highway and close proximity of neighbouring residential properties) are all material factors which support the argument that the proposal represents an overdevelopment of the site and, is incapable of meeting the minimum separation distances between properties and, will not provide suitable access provision for emergency service vehicles. The proposal will lead to detrimental harm in the form of overlooking and loss of privacy for neighbouring

53 residents and therefore for all the reasons outlined above, it is recommended that this proposal be recommended for refusal.

Case Number 09/02448/FUL

Application Type A Full Planning Application

Proposal Use of the ground floor within Use Classes A1-A4 and the first to fourth floor for the provision of 24 x 2 bedroom residential units (Use Class C3)

Location Velocity Village 5 Solly Street Sheffield S1 4DE

Date Received 29/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Axis Architecture

Recommendation Grant conditionally subject to the completion of a Legal Agreement

Subject to:

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

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

2 Prior to the commencement of development, further details of the of slim section louvers to be installed onto the elevations, to include manufacturers details and a sample, shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented in accordance with the approved details and thereafter retained.

In order to ensure an appropriate quality of development.

3 Prior to the first occupation of the residential units hereby approved, the following noise control measures, as set out in Section 4.0 of the submitted Noise Impact Assessment by Hepworth Acoustics (dated July 2009 Rev: 10435.01/1v2), shall be implemented:

(i) A solid screen to the front edge of the plant deck on V1 and sealing the grilles at the top and bottom of the plant roof façade for the first few metres near V5 (paragraph 4.1 of the report); (ii) The upgrade to the top floor of V5 facing the plant deck as detailed in paragraph 4.2 of the NIA;

55 (iii) Sealing of all gaps around the glazing frames and the fitting of secondary glazing to rooms facing White Croft comprising a minimum 6mm glass with a minimum cavity of 100mm to the inner face of the external double glazing as detailed in paragraph 4.4; (iv) Lining of the section of external glazing to be obscured with 15mm Gyproc Duraliine with insulation in the cavity as detailed in paragraph 4.5 and; (v) No trickle vents within the White Croft façade (as detailed in paragraph 4.7).

Such measures shall thereafter be retained unless otherwise approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

4 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.

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

5 Prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

a) Clear & unambiguous objectives to influence a lifestyle that will be less dependent upon the private car; b) A package of measures to encourage and facilitate less car dependent living; and, c) A time bound programme of implementation and monitoring in accordance with the City Councils Monitoring Schedule. d) The results and findings of the monitoring shall be independently validated to the satisfaction of the local planning authority. e) The validated results and findings of the monitoring shall be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

Prior to the occupation of any dwelling, evidence that all the measures included within the approved Travel Plan have been implemented or are committed shall have been submitted to and approved in writing by the Local Planning Authority.

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

56 6 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

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

7 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)

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.

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.

In order to ensure an appropriate quality of development.

57 9 In the event of the use of the ground floor unit within either Use Class A3 or A4, the unit shall be only used for the purposes between the hours of 0700 and 2330 Mondays to Saturdays, and 0800 hours and 2300 hours on Sundays and Public Holidays unless otherwise approved in writing by the Local Planning Authority.

In the interests of the amenities of future occupiers of the proposed units.

10 In the event of the use of the ground floor unit within either Use Class A3 or A4, no live music or amplified sound shall be played within this unit unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

(a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey, (b) Be capable of restricting noise breakout from the building to the street to levels not exceeding:

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

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

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

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

11 In the event of the use of the ground floor unit within either Use Class A3 or A4, prior to the commencement of the use, further details of the proposed ventilation and extraction unit, to include the location of any external flue, shall be submitted to and approved in writing by the Local Planning Authority. The details shall be implemented as approved prior to the use commencing and shall thereafter be retained.

In the interests of the amenities of future occupiers of the proposed units.

12 In the event of the use of the ground floor unit within either Use Class A3 or A4, no movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the unit or 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 order to ensure an appropriate quality of development.

58 13 Before the development is commenced full details of the proposed refuse and recycling storage facilities to be provided to serve the development shall have been submitted to and approved in writing by the Local Planning Authority. The details shall include a method statement indicating how the facilities will be managed and serviced and how occupiers of the proposed development will be encouraged to maximise the use of the proposed recycling facilities to reduce general waste arising. Prior to the occupation of the proposed development the approved facilities shall have been implemented in conjunction with the approved method statement and shall thereafter be retained.

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

14 The development hereby approved shall not be used unless the access and facilities for people with disabilities shown on the plans and set out within Section 4.0 of the Design and Access Statement have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

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

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas BE5 - Building Design and Siting BE8 - Access to Workplaces BE16 - Development in Conservation Areas T21 - Car Parking CS17 - City Centre Quarters CS3 - Locations for Office Development CS4 - Offices in the City Centre CS74 - Design Principles CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction SDF Core Strategy and The St Vincent's Action Plan

and to all relevant material considerations, including Supplementary Planning Guidance.

Site Location

INTRODUCTION

This application forms part of Velocity Village, which comprises five phases of development (known as V1-V5) on a city block bounded by Tenter Street to the east, Solly Street to the north, White Croft to the south and Bakers Lane to the north. The five phases of Velocity Village comprise the following: i. Phase 1 (V1) fronts Tenter Street; it extends to 15-storeys and provides four floors of office accommodation and 132 apartments on the eleven floors above, as well as the provision of 129 car parking spaces; ii. V2 fronts Solly Street to the rear of V1 and comprises 6200 square metres of office accommodation in an eight-storey block; iii. V3 and V4 form the residential blocks to the rear of the site that are bounded by Solly Street, Bakers Lane and White Croft. They are constructed around two

60 private residential courtyards in a series of blocks that vary in scale between five and eight storeys. V3 and V4 provide 300 residential apartments; iv. V5 (the subject of this application) was intended as a further office block comprising approximately 2300 square metres of office space in a five-storey block fronting White Croft to the south and the public square to the rear of V1 to the north. v. A total of 450 car parking spaces serve V2 – V5.

The construction of Velocity Village has been completed and the residential elements of the scheme are fully let. However, of the 11,600 square metres of office accommodation across phases V1-V5, only 3252 square metres within V1 have been successfully let. The remaining office floorspace within V2 and V5 (the application site) is vacant although both buildings have been constructed in shell form with the main structure and glass façade complete.

LOCATION AND PROPOSAL

As set out above, this application relates to Phase 5 (referred to as V5) of the Velocity Village development at Tenter Street. V5 is positioned to the rear of the main mixed-use block that fronts Tenter Street (V1); V5 fronts White Croft to the south although its main entrance is just visible from Tenter Street. To the north, V5 has an access onto the public courtyard that lies to the rear of V1; the courtyard incorporates a public route through the site from Solly Street to White Croft.

The area surrounding Velocity Village is relatively mixed in character. Land on the northern side of Solly Street is occupied by a variety of uses including small-scale commercial works and student accommodation. To the west of the site lies St. Vincent’s Church, which is within the recently designated Well Meadow Conservation Area. Fronting White Croft to the south are commercial buildings comprising the site of Footprint Tools, which is now vacant, and Sytners, the latter managing a nearby car showroom and vehicle repair garage. The application site lies within the St Vincent’s Quarter, as defined within the Council’s Urban Design Compendium.

V5 has been completed in shell form; it extends to five storeys and is constructed with fully glazed elevations using a frameless glass system and external sunscreen layer.

This is a full planning application proposing the change of use of the vacant office accommodation to provide a flexible 348m2 retail/food and drink use on the ground floor (within Use Classes A1 – A4: retail, financial and professional, café or restaurant or pub and bar) with the first to fourth floor converted into residential use. The original submission indicated the provision of 16 x 2 bedroom apartments and 4 x 4 bedroom apartments over four floors; in the course of the application, this has subsequently been revised by the applicant to 24 x 2 bedroom units. The accommodation layout proposes that each unit is provided with an en- suite bedroom facility with shared living space.

Externally, there are no significant changes to the appearance of the block, which principally remains as a frameless glass façade. It is proposed, however, to

61 introduce slim section full height louvre panels within the glazed façade to ensure openable ventilation slots appropriate to residential units. The louvre panels extend to a width of 0.6 metres and are placed at ordered but irregular intervals across the façade. The louvres reflect those installed on the adjacent residential blocks within Velocity Village.

Access into the residential units is provided via a separate entrance from the public courtyard. The ground floor retail unit has dual entrances from the courtyard, the main access to which is visible from Tenter Street to the rear of V1. The ground floor level of V5 sits approximately 3 metres above the road level of White Croft such that the courtyard and entrances are accessed via a flight of stairs from White Croft or a 1:20 ramp.

No additional car parking is proposed as a total of 450 spaces have been constructed to serve V1-V5.

The applicant has advised that the application is submitted in response to the economic difficulties of letting commercial space. They advise that Velocity is a company that ‘grew and developed solely from commercial lettings’ and such lettings actually provide a higher financial return and are simpler to manage than residential schemes. The application includes the following key justification for submitting this application for conversion of the approved office space: i. ‘The current market for commercial lettings is poor; ii. Velocity is a Sheffield development company with substantial commercial and residential investments and as a consequence, has high borrowings that have to be serviced; iii. In order that Velocity survives as a business within Sheffield, it has to make substantially better returns on all its properties and currently, over 50% of its commercial office space across the City (23,225 square metres) is unlet, of which the majority is within the Tenter Street site; iv. Velocity cannot sustain this financial situation and as such, the proposed change of use of V5 from office to residential is part of an overall strategy to concentrate commercial lets in the larger, more viable units, such as within V2; v. The income stream from the proposed residential use will assist Velocity in updating its remaining commercial portfolio.’

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

06/00283: Erection of buildings to form 300 apartments. 88,000 sq ft office space, 5,000 sq ft retail space and associated landscape works and basement car parking. (V2-V5). Approved: 26.04.2006

This application was a revision of the previous submission (05/02461/FUL) detailed below, which was refused at Planning Board on 28th November 2005 against Officers’ recommendations on the grounds of an inappropriate mix of uses comprising an insufficient proportion of B1 Business space and concerns about noise and vibration from the adjoining Footprint Tools site.

05/02461/FUL: Erection of buildings to form 306 apartments, 6000m2 of office space, two retail units (A1/A3) plus associated basement parking and landscape works. Refused: 28.11.2005

04/02025/FUL: Erection of 15-storey mixed-use development comprising four floors of B1 accommodation, 132 apartments, and 129 car parking spaces. (V1 fronting Tenter Street) Approved 5.10.2004

SUMMARY OF REPRESENTATIONS

The application has been advertised by means of a press notice and site notices as a major development. No representations have been received.

PLANNING ASSESSMENT

This application proposes the conversion of a vacant office development to secure a retail/food and drink unit on the ground floor with four floors of residential accommodation above to provide 24 x 2 bedroom residential units.

The key issues to consider in the determination of this proposal include the following:

(i) Policy and Land Use: the principle of development; (ii) Design considerations; (iii) Residential amenity for future occupiers; (iv) Affordable housing and; (v) Traffic and highways issues.

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

Policy and Land Use

Within the Adopted Unitary Development Plan, the application site lies within an area designated for General Industry. Policy IB5 of the UDP relates to development in General Industry Areas and advises that General Industry (Use Class B2) and Warehousing (Class B8) are the preferred uses. A number of other uses are also deemed acceptable, including small shops (Use Class A1), food and drink outlets (Use Class A3-A5), and business (Use Class B1) uses. Housing is considered unacceptable within General Industry Areas on the grounds that living conditions are deemed unsatisfactory for living there permanently. As such, the

63 principle of a change of use to include the provision of 24 residential units is contrary to Policy IB5 of the Adopted UDP. It therefore represents a departure from the Plan and was subsequently advertised as such.

The application site also lies within the St Vincent’s Quarter, which is the subject of the St Vincent’s Action Plan (2004-2014). The preparation of the Action Plan followed increasing pressure for new development in this inner-city area and provides a clearly defined vision prior to the full adoption of the Sheffield Development Framework, which will replace the current UDP in due course. The Action Plan was adopted by the Council in December 2004 and represents a material consideration in the determination of this application. It acknowledges the importance of St Vincent’s as an area to both live and work, to create a vibrant and successful place.

Within the Action Plan, the application site is designated as a new ‘Business Area’, which defines business (B1) to be the preferred use but also defines housing (C3), offices used by the public (A2), small convenience shopping (A1) and food and drink (A3-A4) as acceptable uses, where it can be demonstrated that the latter makes a vital contribution to the delivery of substantial office space. As such, business uses would be expected to form a significant part of any re-development proposal. More specifically, the Action Plan identifies the application site as falling within the ‘Tenter Street development sites’ where a ‘significant opportunity exists for major mixed-use development with a strong office/business element establishing a quality benchmark for the future.’ This application clearly proposes a change of use of the existing approved office accommodation to a predominantly residential development, which is contrary to the principle objectives of the St Vincent’s Action Plan.

Additionally, it is relevant to consider the recently adopted Sheffield Development Framework Core Strategy.

Policy CS17 of the Core Strategy relates to the City Centre Quarters and in respect of the St Vincent’ Quarter, within which the application is sited, it states that the St Vincent’s Quarter is characterized by a mixed business, residential and educational area with links to the University of Sheffield and the legal and professional quarter and including a number of manufacturing companies that will require sensitive attention. Policy CS17 does not preclude the introduction of residential development with an active ground floor as part of a mix of uses and the application is therefore not contrary to the objectives of Policy CS17.

Of particular relevance to this site, however, are Policies CS3 and CS4 of the Core Strategy, which relate to locations for office development.

Policy CS3 (Locations for Office Development) advises that office development will take place in six principle locations, including the City Centre (CS3a) and in accessible locations at the edge of the City Centre. It advises that development in the City Centre and its edge should include at least 65% of total office development in the City.

64 Policy CS4 relates specifically to offices in the City Centre and advises that new large-scale and high-density office development will be concentrated in the City Centre in Priority Office Areas, which specifically includes the area along the new northern Inner Relief Road and Tenter Street, particularly for professional, financial and legal services. The supporting text to Policy CS4 advises that major office development will be promoted and encouraged in these locations whilst other uses that provide for active frontages and a vibrant street scene such as cafés, restaurants and leisure will be encouraged in small amounts. Mixed uses, including a suitable proportion of housing, may also be appropriate.

The application site lies in close proximity to Tenter Street and as such, could be considered an appropriate location for priority office development. It is also within the City Centre such that it falls within one of the key locations for office development, as identified within the Core Strategy.

It is very clearly the case that the principle of a change of use of V5 from office to residential is not in accordance with the objectives of the UDP, the St Vincent’s Action Plan or the SDF Core Strategy and is contrary to current planning policy. In determining the application, it is therefore relevant to consider whether there are exceptional circumstances in this case to allow the change of use to residential. The applicant has presented a clear argument that they are unable to let the office space and Velocity, as a company, need to make sufficient returns on the Tenter Street development to sustain them financially. Furthermore, their application includes a letter from Knight Frank in Sheffield, who has been responsible for marketing and letting the Velocity scheme. Knight Frank advises the following: i. Knight Frank have seen only one deal at Velocity, which is the letting three years ago of 36,000 square feet within V1 to Plusnet, since which time, they consider the market for office space in Sheffield has changed dramatically; ii. Knight Frank are of the view that at the time of the Plusnet letting, there was very little Grade A office space on the market and limited availability generally. There is now a substantial amount of both Grade A and refurbished office space available and demand has decreased; iii. In 2008, Knight Frank saw approximately 270,000 square foot of take-up within the city centre core, principally focused on the letting of Queens House on Queens Street, the signing of the new Capita building on Parkway and the Home Office occupation of Riverside Exchange. Take-up in the first quarter of 2009 presently amounts to 80,000 square feet, which has been dominated by premises on Arundel Gate by Sheffield Hallam University and a site on Rockingham Street by the NHS; iv. Knight Frank consider that there is an excess of three years supply within the current market place and bearing in mind the present economic downturn, there is potentially more than a three year supply. They determine that V2 could easily give an adequate level of supply to the office market over the next 3-4 years and losing V5 would have no serious impact on the office markets in terms of supply.

65 The applicant has also confirmed their intention to fit out V2 as a speculative serviced business centre and focus all the office enquires that exist into letting V2. The change of use of V5 to residential would allow them to focus on V2.

Further advice on the proposed change of use has been sought from Creative Sheffield and Forward and Area Planning. It is accepted that Velocity are a small local company with a commitment to Sheffield and they need a financial return on the Tenter Street development. Furthermore, the Council also accept that Velocity presently has a 50% vacancy rate on commercial property, which is not financially sustainable. Although the site can be considered to lie within the Priority Office Area as defined in Policy CS4 of the Core Strategy, it is also considered in this case, and in the present economic circumstances, that the change of use of V5 is acceptable, particularly as Velocity will then focus on the delivery of V2 as a Business Centre. It is determined that there are therefore special circumstances in this instance to consider a departure from current planning policy and the principle of the change of use is acceptable.

Design and External Appearance

Policy BE5 of the Adopted Unitary Development Plan states that new developments should complement the scale, form and architectural style of surrounding buildings and should be of a human scale wherever possible. In addition, Policy CS74 of the SDF Core Strategy, which relates to design principles, advises that high-quality development will be expected, which would respect, take advantage of and enhance the distinctive features of the city, its districts and neighbourhoods.

The external appearance of the proposed development, which has been implemented on site, was approved in accordance with planning permission 06/00283/FUL and comprises fully glazed elevations using a frameless glass system. This design approach was considered to utilize high quality materials and to represent an external appearance of architectural merit. This application proposes minimal alterations to the building; it retains the frameless glazing system but introduces slim sections of full height louvre panels within the glazed façade to ensure openable ventilation slots. Subject to the quality of the louvres being secured by means of a planning condition, it is considered that the introduction of slim section louvers will not detract from the overall quality of the facades and will still ensure a high quality development in accordance with Policy BE5 of the UDP and CS74 of the Core Strategy.

Amenity for future residential occupiers

This application proposes the change of use of a presently vacant building to residential use. As such, it is relevant to consider the amenity for future residents in terms of noise, outlook and overlooking. It is also relevant to consider the impact of introducing residential accommodation in this location on the operation of existing businesses within the locality.

With regard to noise, the application includes the submission of a Noise Impact Assessment, which is based upon noise measurements taken over a 24-hour

66 period in July 2009. The noise measurements reveal that the dominant noise source across the site is road traffic. In assessing the information, the noise levels are converted to noise exposure categories; these are defined in Planning Policy Guidance Note 24: Planning and Noise, which identifies four categories:

Category A: Noise need not be considered as a determining factor in granting planning permission; Category B: Noise should be taken into account and steps taken to ensure an adequate level of protection against noise; Category C: Planning permission should not normally be granted. Where development is permitted, steps should be taken to ensure a commensurate protection against noise and; Category D: Planning permission should not normally be granted.

The result of the noise survey and assessment at the Tenter Street site reveals the site to fall within Noise Category B during both the day and night such that noise should be taken into account and steps taken to ensure an adequate level of protection.

In this case, the external shell of the building has already been constructed. The building envelope is fully glazed and comprises one pane of 10mm glass and one pane of 6mm glass, separated by a 20mm cavity. The Noise Assessment concludes that in order to provide an adequate level of protection, the glazing to rooms facing White Croft should be fitted with an additional secondary glazing system (minimum of 6mm glass) with a minimum cavity of 100mm to the inner face of the external double-glazing, which will be secured by means of a planning condition. The existing glazing to the courtyard side is deemed to be sufficient without the need for secondary glazing. Finally, the noise assessment notes that there should be no trickle vents to the White Croft façade, which will also be secured by means of a planning condition.

It is relevant to note that the previous planning application was assessed in terms of the relationship to the former Footprint Tools site, which is now vacant. However, the site still benefits from an industrial use that could be implemented in the future. In this regard it is considered that the noise impact assessment does identify a scheme of sound insulation to protect future residents against the impact of noise, as set out above. It is therefore considered that a satisfactory environment for future residential occupiers can be achieved that will also ensure the on-going operation of commercial premises within the locality, in accordance with guidance set out in PPG24.

In terms of residential amenity, it is appropriate to consider outlook and the potential for over-looking of adjoining sites. The submitted floor plans indicate that each bedroom and living room has a window with sufficient daylight and sunlight to ensure an appropriate quality of residential accommodation. With regard to overlooking, to the southern elevation, V5 faces onto White Croft and the Sytners garage; on the basis that this premises is in commercial use there is no issue in terms of loss of privacy and it is also considered that White Croft provides a sufficient distance, appropriate to the character of the St Vincent’s Quarter, to ensure that future development opportunities on the Sytners site are not precluded.

67 The northern elevation of V5 faces onto the courtyard between V1 and V2; V1 lies perpendicular to V5 and on this basis, will not impact upon the amenity of future occupiers within V5. V2 lies opposite at a distance of 21.4 metres; given the core city centre location and the fact that V2 is in commercial use, this distance is considered adequate to preserve the residential amenity of future occupiers of V5.

In conclusion, it is considered that the site lies within a mixed-use environment but an appropriate standard of residential environment can be secured by means of suitable noise mitigation measures. The application has also demonstrated that sufficient outlook and amenity for future residents can be provided without detriment to the existing and future operations of the adjoining sites.

Affordable Housing

Policy CS40 of the Sheffield Development Framework Core Strategy advises that in all parts of the City, developers of all new housing developments will be required to contribute to the provision of affordable housing, where it is practicable and financially viable. The supporting text to this policy advises that the requirement will be delivered through the companion policy within the City Policies document and a Supplementary Planning Document.

The Affordable Housing Interim Planning Guidance published in October 2008 determines at Policy G1 that a contribution to affordable housing will be negotiated on sites with a capacity for 15 dwellings or more. Policy G2 clarifies that the target developers’ contribution will be equivalent to 30-40% of the units on site being transferred at the transfer price for the area (which is £1000 per square metre for the City Centre) and a target level of 30-40% is applied.

This application proposes 24 units and is therefore subject to a requirement for a contribution to affordable housing.

In their initial submission, however, the applicant has advised that a target contribution of 40% would equate to £348,000, which is not financially viable in this instance. They have therefore advised their willingness to submit a comprehensive development appraisal, which has been sent for independent assessment to the District Valuation Office. For developments of this type, a profit of 15% on cost is considered reasonable.

The final report from the District Valuation Officer is still awaited and Members will be updated on this issue at Planning Board.

Traffic and Highways Issues

This application does not include the provision of any specific parking in association with the proposed change of use on the basis that the site already provides 450 spaces to serve the development as a whole. There are no spaces specifically designated for the future occupiers of V5 but the underground car park will be accessible to residents and visitors on either a contract or park and pay basis. In any event, Guideline 14 of the City Centre Living Strategy advises that residential developments that do not have car parking facilities will be acceptable in

68 the City Centre, although it will be expected to provide disabled parking provision as Policy T21 of the UPD requires the provision of parking to meet the needs of people with disabilities, as well as cycle parking, which can be accommodated within the underground car park.

It is also acknowledged that the application lies within a highly accessible City Centre location, within walking distance of the City’s facilities and services. The applicant has however, incorporated a Travel Plan to further assist the needs of future occupiers to utilise means of transport other than the private car; a more detailed Travel Plan will be further secured by means of a planning condition.

On this basis, it is concluded that the proposed change of use will not result in any highway implications and the present level of car parking on site is sufficient to accommodate the users of V5, as well as provide sufficiently accessible parking for people with disabilities. It is therefore in accordance with Policy T21 of the UDP and guidance with the City Centre Living Strategy.

Accessibility

Policy H7 of the UDP states that all new housing should be provided with at least 25% of the accommodation to mobility housing standards. In this case, the applicant has advised within the Design and Access Statement that 40% of the apartments and 33% of the bedrooms are designed to mobility standards, which meets the objective of Policy H7 and will be secured by means of a planning condition.

The applicant has also advised that the building is accessed from the central courtyard, which has either level or ramped access (1:20) from Solly Street and White Croft. Moreover, the public square is linked to the underground car park and residents and people with disabilities can access the car park on either a contract or park and pay basis. The application is therefore considered to be accessible in accordance with Policy H7.

Sustainability

Policy CS64 of the Core Strategy relates to climate change, resources and sustainable design of developments and advises that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. They must also be designed to use resources sustainably. The supporting text to CS64 advises that to satisfy the policy, all new developments of five or more dwellings should achieve Code for Sustainable Homes Level 3. Policy CS65 of the Core Strategy, which relates to renewable energy and carbon reduction, applies to both new buildings and conversions of 5 or more dwellings (including apartments) and requires all significant developments to secure the following, unless it can be shown not to be feasible or viable:

69 development's overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy required to satisfy (i).

The applicant has submitted a Sustainability Statement within their Design and Access Statement in which they advise that the scheme is a high density development with minimal land use, thus reducing pressure for development on more sensitive land elsewhere. Its flat slab concrete frame provides high thermal mass as well as good acoustic performance. High insulation values, the use of passive solar gain and heating generation through the use of air to water heat pump technology will also reduce the building’s carbon footprint. Although a conversion scheme, the applicant has advised of their intention to achieve Code Level 3 within the Code for Sustainable Homes, which complies with Policy CS64. They have also advised that the use of air to water heat pump technology should be sufficient to provide at least 10% of the building’s energy needs from a renewable source and reduce carbon dioxide emissions by 20% in accordance with CS65. These measures will be secured by means of a planning condition to ensure compliance with Policies CS64 and CS65.

Open Space

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within a kilometre of the application site. The applicant has entered into a unilateral planning obligation and agreed to pay the Council the sum of £29,664.00 upon the commencement of development. The monies will be distributed in consultation with the relevant Community Assembly.

City Centre Ambassadors

The Council is seeking to extend the successful City Centre Ambassadors scheme to the St Vincent’s and Kelham Island areas of the City. To sustain this scheme, financial contributions are required from new developments and the applicant has agreed to make a contribution to the Wardens Scheme based on £200 per residential unit, amounting to a total of £4800.

Public Art

Policy BE12 of the UDP advises that the provision of works of public art, which can be readily seen by the public, will be encouraged as an integral part of the design of major developments. In this case, the applicant was required contribute to public art as part of the original consents at Tenter Street. Although the nature of the contribution is still being resolved, it is considered that a further condition in relation to this change of use is unnecessary.

SUMMARY AND RECOMMENDATION

This application proposes the change of use of V5 within the Tenter Street Velocity development from office accommodation to a flexible ground floor use within Use Classes A1 – A4: retail, financial and professional, café or restaurant or pub and

70 bar, with the first to fourth floor converted into residential use to provide 24 x 2 bedroom units. V5 has been completed in shell form; it is constructed with fully glazed elevations using a frameless glass system and external sunscreen layer. The building is vacant with no clear interest in future lettings. The applicant has advised that over 50% of their commercial office space across the City is vacant of which the majority is within the Tenter Street site. This level of vacancy is not financially viable and they therefore seek a change of use at V5 in order to focus upon the commercial letting of the larger V2 unit as a Business Centre.

The principle of the change of use to residential with an active frontage ground floor unit is contrary to relevant policies within the Unitary Development Plan, the St Vincent’s Action Plan and the more recently adopted Sheffield Development Framework Core Strategy. The two latter documents are the most up-to-date and clarify that Tenter Street lies within a Priority Office Area and the policy emphasis for this site is to secure a strong office/business element to development within this area. The application is therefore clearly contrary to the St Vincent’s Action Plan and Policies CS3 and CS4 of the Core Strategy. However, the applicant has submitted evidence to satisfy the Council that Velocity presently have a 50% vacancy rate on commercial property, which is not financially sustainable. It is also clear that V5 has been marketed but the demand for office space has significantly fallen whilst the level of available and refurbished office accommodation across the City has risen. Moreover, it is noted that Velocity are a small local company with a commitment to Sheffield and the current economic climate is particularly challenging. Given the applicant’s expressed assurance to focus on the delivery of the larger V2 block as a Business Centre, the change of use of V5 is considered acceptable in this particular instance.

Architecturally, the building will remain relatively unchanged from the existing shell with the exception of the introduction of slim sections of full height louvre panels within the glazed façade to ensure openable ventilation slots; subject to the quality of the louvres being secured by means of a planning condition, it is considered that facades will ensure a high quality development in accordance with Policy BE5 of the UDP and CS74 of the Core Strategy.

With regard to residential amenity, the application demonstrates that future residents will be afforded an appropriate standard of residential environment through the introduction of suitable noise mitigation measures and each unit also provides sufficient outlook and amenity.

In terms of access, the existing car parking accommodation across the site of 450 spaces is sufficient to serve V5 and will also secure sufficient parking for people with disabilities. Accessibility to and within the development is also acceptable.

Finally, the application includes a commitment to meet the sustainability objectives set out in Policies CS64 and CS65 of the Core Strategy, to achieve Code for Sustainable Homes Level 3 and a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy and a reduction in the development's overall predicted carbon dioxide emissions by 20%.

71 On this basis, the application is recommended for approval subject to conditions and subject to a legal agreement to secure the following heads of terms:

1. The Owner shall pay to the Council on or before the first occupation of the development the sum of £29,664.00 to be used for the provision of open space in the locality of the site;

2. The Owner shall pay to the Council on or before the first occupation of the development the sum of £4800 to be used towards the expansion and continuation of the City Centre Ambassadors scheme for the St Vincent’s area.

Members are advised to note that in the course of the application the proposal was amended to increase the number of residential units from 20 to 24. It was considered necessary to re-advertise this amendment as a departure from the Unitary Development Plan, for which the expiry consultation date is 22nd October 2009. The application is therefore recommended for conditional approval subject to a legal agreement and no significant adverse comment being received as a result of the re-consultation. It is then proposed that the decision notice be issued under Delegated Authority.

Case Number 09/02426/FUL

Application Type A Full Planning Application

Proposal Use of shop as Hot Food Take-Away (Class A5) and erection of flue to rear

Location Wincobank Glass & Glazing Co 46 Sandstone Road Sheffield S9 1AG

Date Received 28/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Mr R Newton

Recommendation Grant Conditionally

Subject to:

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

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

2 The use of the ground floor of the building shall be in accordance with Class A5 of the Town and Country Planning (Uses classes) Order, 1987.

In the interests of the amenities of the locality.

3 The ground floor of the building shall be used for the above-mentioned purpose only between 0800 hours and 2200 hours on any day.

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

4 The building shall not be used for the above mentioned purpose unless a suitable receptacle for the disposal of litter has been provided in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

5 The fume extraction unit herby approved shall project 1 metre above the eaves of the building unless otherwise agreed in writing with the Local Planning Authority.

In the interests of the amenities of the locality.

6 Prior to the commencement of development details of the proposed fume extraction system which forms part of a scheme to protect the occupiers of adjacent dwellings from odour, shall have been shall be submitted to approved in writing by the Local Planning Authority. These details shall include:-

(i) the type of filters to be installed to remove odours, particulates and droplets, (ii) fan sound attenuation measures (iii) Details of the type of low resistance cowl to be installed.

Thereafter the approved details shall implemented and retained in accordance with the details submitted to and approved in writing by the Local Planning Authority.

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

7 Prior to the commencement of development details of a bin storage area to include screening and enclosures shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the bin storage area shall be provided and retained.

In the interests of the amenities of the locality.

8 Prior to the commencement of the use of the building as a Take Away (Use Class A5) the first 6 metres of the driveway access to the site from Sandstone Road shall be resurfaced. Details of finished surfacing shall be submitted to and approved in writing by the Local Planning Authority and thereafter carried out in accordance with the approved details.

In the interest of pedestrian and highways safety.

Attention is drawn to the following justifications:

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

and to all relevant material considerations, including Supplementary Planning Guidance.

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

74 application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

Site Location

75 INTRODUCTION

Members will recall that this application was deferred from the previous Board in order to further investigate the antisocial behaviour issues raised by the local community and to invite local residents to attend the Board meeting to put forward their case.

The lead petitioner and residents who objected to scheme by email were informed by email on 29th September that this application was being reconsidered by Board members. Residents were informed of the date, time and location of the meeting and procedure for registering to speak.

At members request further investigation of the reported antisocial behaviour issues has been undertaken. The North East Community Assembly Planning and Participation Officer has not identified any current issues in the area, however historically (2005) a section 16 dispersal order made under Section 30 of the Antisocial Behavior Act was in place to deal with reported incidents centered around the Forum Public House on the opposite side of the Sandstone Road.

With regard to any current anti-social behavior issues the Police Architectural Liaison Officer has made a check of the South Yorkshire Police Incident Recording Computer and there is no evidence to suggest that the area is currently a problem area for incidents of youth related anti social behavior. Over the past 12 months in the area of Sandstone Road, Sandstone Close, Sandstone Drive, Sandstone Avenue and Fort Hill Road there has been a total of 158 incidents recorded of which 38 were reported as being antisocial behavior related, 13 of which were recorded as youth nuisance. The police have confirmed that these figures are not disproportionally high when viewed against similar areas within the city. The Local Safer Neighbourhood team has also confirmed that the area of Sandstone Road is not currently a “hot spot” for antisocial behavior, whilst they do acknowledge local residents concerns that a late night takeaway could lead to an increase in antisocial behavior.

The police have also advised that limiting the hours of the use of the property and installation of CCTV would act as a deterrent to anti social behaviour. The proposed planning conditions require the unit to close by 2200 hours, before the adjacent public house closes, which minimises any associated increase in noise and disturbance from both uses operating at the same time.

It is considered that the perception of antisocial behaviour can actually be increased as a result of shop units remaining empty, given the lack of activity currently taking place at the site and within the shopping area the site could be considered a magnet for antisocial behaviour. The proposed use will create an active frontage and increase natural surveillance and general activity on the street. The existing first floor flat which has stood empty for a number of years will be refurbished increasing the residential presence and general activity at the site. In addition the applicant has indicated that lighting will be installed to illuminate the adjoining garage and parking area and the more private areas to the rear of the property segregated, reducing access to more concealed areas where potential antisocial behaviour could take place.

76 The site is not identified as being in an area where there is a concentration of antisocial behaviour problems. In light of the additional information highlighted above, the information contained in the main body of the report and the measures to restrict hours of operation of the use of the property, the proposed change of use is considered acceptable and no new information has come to light to alter the earlier recommendation.

LOCATION AND PROPOSAL

The application site comprises of an end terrace property, which forms part of a small parade of four shops on the western side of Sandstone Road at the junction with Sandstone Avenue. The ground floor of the existing unit is currently used by Wincobank Glass and Glazing for general storage purposes and the assembly of window units. It is proposed to use the ground floor unit as a hot food takeaway (Use Class A5).

The applicant also proposes a largely internal flue, which will only be partly visible from the rear elevation of the property, with a termination point just below the ridge of the roof. No other external alterations are proposed.

The site is in an allocated Local Shopping Area as defined in the adopted Sheffield Unitary Development Plan. The shopping area comprises of four units. Two of the units are occupied by a convenience store (Use Class A1) and a hair salon (Use Class A1), with the remaining units comprising of the application site and an empty unit previously used for the sale of cards and craft products (Use Class A1).

The wider locality comprises of residential properties with the exception of the Forum Public House which is located to the east on the opposite side of Sandstone Road.

RELEVANT PLANNING HISTORY

84/01040/FUL – workshop and Glass Store – Granted Conditionally.

92/00749/FUL – Use of building as workshop for the assembly of double glazing units and use of garage as a store – Granted Conditionally.

SUMMARY OF REPRESENTATIONS

19 letters of representation have been received and a petition signed by 178 local residents, the issues raised are summarised as follows; - Increased antisocial behaviour and number of youth which hang around the shops. - Increase traffic in close proximity to the bus terminus, where there are already parking restrictions and speed humps. - Detrimentally affect highway safety. - Increased noise and pollution due to increased traffic. - Increase noise and disturbance, the public house is already a problem. - Increase in litter, odours and potential to attract vermin and foxes into the area

77 - Alternative uses should be considered including an information centre and fresh fruit and vegetable shop. - There are numerous hot food takeaways in the vicinity all of which offer delivery services. - Detrimentally affect property prices. - Property covenants restrict the unit from being used as a hot food takeaway.

PLANNING ASSESSMENT

Land Use and Dominance

The site is located in a Local Shopping Area as defined in the UDP. Policy S7: Development in District and Local Shopping Centres identifies retail uses (Use Class A1) as preferred uses and hot food uses (Use Class A3/A5) as acceptable within the policy area

The principle of accepting A5 uses however must be considered in light of Policy S10: Conditions on Development in Shopping Areas, which seeks to ensure that proposed changes of use would not prejudice the dominance of preferred uses in the shopping area. Dominance is defined at appendix 1 of the UDP as ‘a level of development sufficient to help secure an adequate supply of preferred use (or uses) for the city wide needs in appropriate locations and to establish or maintain the distinctive character and role of the area. This will usually mean that non preferred uses do not occupy more than half of the area.’ Currently of the 4 units available within the local shopping area, non retail uses occupy 1 (25%) of the units (the application site), 3 units (75%) including 1 currently unoccupied unit are in preferred (Use Class A1) retail use. The dominance of preferred uses in the shopping area is therefore unaffected by the proposed change of use.

Design

Policy S10 (c): Conditions on Development in Shopping Areas, seeks to ensure that new developments are well designed and of a scale and nature appropriate to the site.

The only external alteration to the building involves the erection of a flue. The flue is well integrated with the building and due to its position projecting through the rear roof slope of the building it will not appear prominent or obtrusive. Therefore the proposed alterations are not considered to detrimentally affect the appearance of the building or visual amenities of the locality in compliance with policy S10.

Highways

Policy S10 (f): Conditions on Development in Shopping Areas, states that new developments or change of use applications will only be acceptable if they are adequately served by transport facilities, provide safe access to the highway network, appropriate off-street parking and not endanger pedestrians.

The site adjoins a bus stop and terminus and therefore is well served by public transport. Given the nature and location of the site, it is considered that customers

78 will largely arrive on foot from the surrounding residential areas, as the use is unlikely to attract large volumes of vehicles or draw passing trade as it is not located on a through route or major road. There is ample off street parking in the area to the front of the parade of shops and on the opposite side of the road, where there area visitor parking bays outside of the public house. Parking for staff can be accommodated off street. Therefore given the proposed change of use is not considered to be a significant trip generator in its own right, drawing a majority of its trade from the local area, the proposal is therefore not considered to detrimentally affect highway safety and therefore complies with policy S10(f).

Amenity Issues

Policy S10 (b): Conditions on Development in Shopping Areas, states that new developments or change of use applications will only be acceptable if they do not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions, including air pollution & noise.

The termination point for the flue is set slightly below the ridge of the main building, which is considered to be the optimum position to ensure any odour issues are kept to a minimum. It is also above the line of the first floor windows to the rear elevation such that it would not be detrimental to the amenity if any adjoining residents by virtue of odour.

There is potential for customers using the premises, particularly in the late evening, to create some noise disturbance, when entering and exiting the premises. The locality is predominantly residential in character however the Forum public house opposite the site is an established late night use and the parade of shops is physically separated from dwellings to the west by rising topography, the south and north by intervening land uses and to the east by the public highway. As indicated previously the site is also in an allocated Local Shopping Area, where commercial uses are considered in principle acceptable.

It is considered that the addition of a hot food takeaway that would predominantly serve the local community is not considered to attract a significant number of late night customers to the area that would detrimentally affect the amenities of residents. However, the properties opening hours will be controlled through planning condition to operate between 0800 and 2200 hours throughout the week to minimise any perceived late evening noise disturbance.

The proposal is considered to in comply with Policy S10 (b)

Refuse and Litter

A bin will be conditioned to be provided for any customers leaving the premises, to prevent the spread of food wrappers, drink cartons and general litter.

There is room to store commercial bins associated to the side of the property without detriment to the appearance of the building or visual amenities of the locality.

79 RESPONSE TO REPRESENTATIONS

Concerns regarding traffic safety and highways concerns have been addressed in the main body of the report. In terms of alternative uses of the building as a fruit and veg shop or information centre, it is at the applicant discretion to consider if these are viable commercial proposals.

Restrictions on hours of use are considered to mitigate any noise and disturbance associated with the use. There is no evidence to suggest that the proposed use would cause antisocial behaviour. The proposals have been discussed with the Police Architectural Liaison Officer who has confirmed following conversations with area based police officers that the proposed use is unlikely to increase anti social behaviour in the area. With regard to impact on property prices and property covenants preventing certain types of uses from occupying the application site, these are not planning matters.

All other issues are covered in the planning assessment.

SUMMARY AND RECOMMENDATION

Following an assessment of uses within the Local Shopping Area, the use of this unit as a hot food takeaway (A5) would not threaten the overall dominance of Retail (A1).

Given the nature and location of the site, it is considered that the use will serve the local community and customers will largely arrive on foot from the surrounding residential areas. The use is unlikely to attract large volumes of vehicles or draw passing trade as it is not located on a through route or major road.

The property is adequately separated from adjoining properties and the proposed hours of use will be controlled between 0800 and 2200 seven days a week, to ensure that potential for disturbance is minimised.

The extraction flue will terminate at an acceptable point to ensure any odour issues are suitably negated.

It is therefore recommended that planning permission is granted conditionally.

Case Number 09/02395/FUL

Application Type A Full Planning Application

Proposal Application to retain use of lower ground floor level of building as 2 No. two bedroom apartments (Application under Section 73 to remove condition 45 of application No. 09/00721/FUL which required part of lower ground floor to be converted into office space)

Location Site At 66, 68 And 70 Upper Allen Street (Site Of Former 70 Upper Allen Street) Sheffield S3 7GW

Date Received 23/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent DLP Planning Ltd

Recommendation Refuse with Enforcement Action

Subject to:

1 Owing to the presence of built form in close proximity to the windows of a single aspect apartment, the environment created for existing and future residents of this apartment would be unsatisfactory owing to poor outlook and lack of natural light, which would be contrary to section b) within Policy IB9 & section b) within Policy H5 of the adopted Sheffield Unitary Development Plan.

Attention is drawn to the following directives:

1. The Director of Legal Services has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the cessation of the use of part of the lower ground floor for residential accommodation. The Local Planning Authority will be writing separately on this matter.

81 Site Location

PROPOSAL

Full planning permission was originally granted for 102 private residential apartments and a small café/bar unit in 2007 (07/02936/FUL). This application was split into three distinct elements, two new build blocks and the refurbishment of the retained Ashtons building. The refurbishment element of the scheme has now been completed on site, whilst the development of the two new build blocks has yet to commence.

Since the original consent the scheme has gone through a rather protracted set of circumstances, which has resulted in several revised applications being submitted to the Local Planning Authority for approval.

This applicant now wishes to vary Condition 45 within a recently approved revision to the scheme (09/00721/FUL) in order to retain the use of a space within the lower ground floor of the refurbished Ashtons building for residential purposes.

82 Condition 45 stated:

‘’Within 3 months from the date of this decision notice (9 June 2009) the basement level layout and uses within Phase 1 (Ashtons) shall have been altered to reflect the approved plan received on 2 June 2009 (Reference 1299/040/K).

To ensure future and existing residents are offered a suitable living environment.’’

The revised plan referred to within the condition showed the space being used as offices.

LOCATION

This wider site is an L-shaped block of land fronting Upper Allen Street, Well Meadow Street and Well Meadow Drive. The site is located within the St Vincent’s Area of the city and the Well Meadow Conservation Area.

The surrounding area comprises predominantly low-rise industrial buildings, which have little architectural significance, and modern flat roofed residential accommodation. The main buildings of architectural note in the immediate vicinity are the Stephenson Blake building, which sits across Upper Allen Street to the southeast and the Grade II* Listed 35 Well Meadow Street (Joel’s Yard).

RELEVANT PLANNING HISTORY

06/03101/FUL

Consent was originally granted in August 2007 for the erection of 81 private apartments in 2 new blocks and the retention of the existing Ashtons building for use as B1 offices.

This development was never commenced.

07/02936/FUL

Consent was granted in October 2007 for the erection of 81 apartments in 2 new blocks and the retention of the Ashtons Building, including the erection of an additional storey, to form 21 apartments with cafe/bar on the ground floor.

08/01208/FUL

Consent was granted in May 2008 to use part of the lower ground floor as a small office area.

08/02203/FUL

Consent was granted in July 2008 to vary conditions imposed by 07/02936/FUL in order for the development to be carried out in three phases.

09/00721/FUL

Consent was granted in June 2009 to amend the approved scheme in order to:

- Renegotiate a revised affordable housing contribution.

- Create a new mix of house types.

- Secure some design alterations, including an undercroft car park and balconies within Phase 2.

09/02387/FUL

Consent was most recently granted to vary conditions imposed by 09/00721/FUL in order for the development to be carried out in four phases.

PLANNING ASSESSMENT

Background

The original scheme to convert the Ashtons building into residential accommodation (07/02936/FUL) identified the lower ground floor area, which forms the subject of this application, as a one bedroom apartment. Before consent was granted, it was agreed that residential use would not be acceptable in this location due to the poor internal environment. The applicant subsequently amended the layout to leave the space empty, with the potential to explore alternative non- residential uses in the future.

The applicant was subsequently given consent to use the space as a small office and bin store in May 2008 (08/01208/FUL).

The applicant then submitted a new planning application under reference 09/00721/FUL, in which several alterations were sought to the original approval, and, during consideration of this scheme, it became clear that the applicant had converted the lower ground floor space into residential accommodation, contrary to the agreed plans. Once again the applicant agreed to remedy this situation and submitted revised floor plans showing this space converted into office accommodation. Condition 45 within 09/00721/FUL required the works to have been completed within 3 months from the date of the Decision Notice (9 June 2009).

The applicant now wishes to remove this condition in order for the residential use to be retained.

Land Use

The application site lies within a General Industry Area as defined in the Sheffield Unitary Development Plan (UDP). In such areas Policy IB5 states Housing (C3) is an unacceptable use as the presumption is that living conditions in industrial environments are generally not considered to be satisfactory. Moreover, the presence of residential accommodation could prejudice the viability of both existing

84 and potential industrial uses. In light of this, the proposal has been advertised as a departure from the provisions of the adopted plan.

Whilst residential accommodation is contrary to Policy IB5 of the UDP the application site also lies within the St Vincent’s Quarter, which is the subject of the St Vincent’s Action Plan (SVAP). The Action Plan, which was approved by Cabinet in December 2004, is a material consideration when determining planning applications in the area.

The SVAP, which is based on a year of consultation and research by a team of consultants retained by the Council, sets out proposals which will balance the demand for new housing with the need to maintain and create employment, whilst providing for both in an attractive mixed-use environment. As the more up to date policy document, when there is a conflict with the UDP, the SVAP should take precedent.

Two new Housing Opportunity Areas have been created within the SVAP in response to strong housing development interest and large numbers of derelict and vacant premises. The application site is included within one of these areas, which is seen as an extension of the existing St. Georges Housing Area. These areas allow a range of uses of any proportionate mix with a preference towards Housing (C3).

The proposal is therefore in compliance with the relevant policy documents highlighted above in respect of land use.

Amenity of Existing and Future Residents

Section b) within Policy IB9: Conditions on Development in Industry and Business Areas of the UDP states that new development or change of use will be permitted provided that it would not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions.

Section b) within Policy H5: Flats, Bed-Sitters and Shared Housing of the UDP states that planning permission will be granted for the creation of flats only if living conditions would be satisfactory for occupiers of the accommodation.

It should firstly be noted that the Local Planning Authority is not objecting to the use of the entire lower ground floor as living accommodation, as some of this single aspect space has suitable outlook onto a garden/courtyard area and as a consequence is afforded ample natural light.

The amenity problem that has been created within the relevant section of the lower ground floor accommodation is as a result of the requirement to provide a walkway, stair core and lift to serve the upper floors of the building. The structure required to provide these facilities is directly above and only 4/5 metres in front of the glazing servicing the lower ground floor flat. This results in the glazing within one of the bedrooms and the living room of this single aspect apartment facing onto an almost completely enclosed space, which creates a very oppressive environment.

85 Following a visit to the site by officers to see the situation at first hand, it is considered that the environment created for existing and future residents of this apartment would be unsatisfactory owing to poor outlook and a lack of natural light. It is also considered that this environment would be further negatively impacted by the development of Phase 2a, which is set to the immediate north of the apartment and is due to commence on site in the near future.

The proposal is therefore considered to be unacceptable.

It is noted that some of the upper floor apartments do have a similar northern outlook to the lower ground floor apartment, however, these are duel aspect and therefore have other sources of outlook and natural light.

ENFORCEMENT

As Condition 45 within planning consent 09/00721/FUL required the residential use within this space to have ceased within 3 months from 9 June 2009 and this period has now lapsed without this requirement being complied with, the Local Planning Authority request that authority be given to the Director of Legal Services to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the cessation of the unauthorised use of the space for residential purposes.

SUMMARY AND RECOMMENDATION

The proposal is in compliance with the relevant policy documents in respect of land use.

Owing to the presence of built form in extremely close proximity to the windows of a single aspect flat, the environment created for existing and future residents of this apartment would be unsatisfactory owing to poor outlook and lack of natural light, which would be contrary to Section b) within Policy IB9 & Section b) within Policy H5 of the adopted Sheffield Unitary Development Plan.

The proposal is therefore recommended for refusal with enforcement action.

Case Number 09/02393/CHU

Application Type Planning Application for Change of Use

Proposal Application to allow opening until 2.30am on Sundays, Mondays, Tuesdays and Wednesdays and until 3.30am on Thursdays, Fridays and Saturdays (Application under section 73 to vary Condition 5 of 01/10511/CHU)

Location Static 52 - 54 West Street City Centre Sheffield S1 4EP

Date Received 24/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Cordonier Escafeld

Recommendation Refuse

For the following reason(s):

1 The proposal is considered likely by reason of noise and general disturbance late at night to detract from the amenity of residential accommodation in the vicinity of the site, and to prejudice the enjoyment of their properties by neighbouring residential occupiers. The proposal is therefore considered to conflict with Policy IB9 of the adopted Unitary Development Plan for Sheffield.

87 Site Location

LOCATION AND PROPOSAL

This is a two storey flat roofed building on the north side of West Street close to the junction with Holly Street.

Planning permission has been granted for use for Food and Drink purposes (former Class A3), with opening hours permitted at various times (see below), but principally until 0230 hours Thursdays to Saturdays and on Sundays before Bank Holidays, with 0030 hours on other Sundays and on Mondays to Wednesdays.

HISTORY

App No 01/10511/CHU: Permission granted 9 April 2002 for use of ground and first floor for Food and Drink purposes (former Class A3), between the hours of 0900 and 0030 hours on any day.

88 Breach of Condition Notice served 6 March 2003 to control noise breakout (Conditions 6, 7, 8, 10, 13 of App No 01/10511/CHU). Notice complied with 24 March 2004.

App No 03/04162/FUL: Limited Period Permission for 12 months granted 15 February 2005 for extension of opening hours until 0230 hours Thursdays to Saturdays and on Sundays immediately prior to Bank Holidays (Variation of Condition 5 of App No 01/10511/CHU).

App No: 03/04188/CHU: Permanent Permission granted 15 February 2005 for extension of opening hours until 0230 hours on Public Holidays, Sundays before Public Holidays and on 12 other days per year (Variation of Condition 5 of App No 01/10511/CHU.

From Spring Bank Holiday 2005 and into 2006: Further complaints received from local residents about noise breakout. Resolved after further sound attenuation measures installed, and adjustment of sound limiter levels.

App No 06/01768/FUL: Limited Period Permission for 12 months granted 20 March 2007 for extension of opening hours until 0230 hours Thursdays to Saturdays and Sundays before Bank Holidays (Variation of Condition 5 of 03/04162/FUL).

App No 06/01770/FUL: Application Withdrawn 19 February 2007. Extension of opening times until 0400 hours on Fridays, Saturdays and Sundays before Bank Holidays (Variation of Condition 5 of 03/04162/FUL).

App No 09/00465/CHU: Limited Period Permission for 12 months granted 31 March 2009 for extension of opening hours until 0230 hours Thursdays to Saturdays and on Sundays before Bank Holidays (Variation of Condition 5 attached to 01/10511/CHU).

REPRESENTATIONS

13 Objections received, all from flats in Broughton House and West Point adjacent to the site: (1) Existing noise from nearby bars and clubs on West Street already unacceptable, (2) Loss of sleep, (3) Already suffer from rubbish, vomit, urine, broken glass, bottles, even blood stains on doors to flats, (4) Already unacceptable noise from Static bar in the early hours, especially at closing time, (5) Balance between night time venues and residential accommodation is not correct at present, (6) Increasingly difficult to find tenants for flats because of noise and disturbance, (7) Doors left open with loud noise escaping, especially since smoking ban, when smokers stand outside, (8) This bar fails to take responsibility for its guests, (9) Opening hours should be cut not extended, (10) Static is now a night club with a different customer base, (11) Sound proofing not effective against bad behaviour out of doors, such as shouting, swearing, fighting, (12) Rowdy behaviour fuelled by alcohol giving the area a bad reputation, (13) Proposal will mean extra noise late at night, (14) Noise and disturbance not acceptable to shift workers.

89 ASSESSMENT

Land Use

Policy CS25 of the Core Strategy identifies the City Centre as a priority location for new housing, but only where it would be part of mixed use regeneration that would support economic regeneration.

Policy CS27 allows for limited housing on or near this site where needed as part of mixed schemes to create a viable balance of uses. However, the effect of existing late night entertainment venues upon new housing near this site will also need to be taken into account in such cases.

The site lies within a Fringe Industry and Business Area in the Unitary Development Plan. Policy IB6 indicates that Food and Drink uses are acceptable. Policy IB9 requires that no residents or visitors in any hotel, hostel, residential institution or housing should suffer from unacceptable living conditions.

The City Centre Living Strategy was approved on 28 April 2004. Guideline 8 requires sound attenuation in residential and night-time leisure proposals and states that permission will be refused for developments that are unable through design technical measures or separation to prevent noise and disturbance affecting residents.

Guideline 10 has been superseded by the Interim Planning Guidelines on Night Time Uses approved on 26 October 2005. Guideline 1 designates controlled areas within which night time uses will not be allowed to open later than 0030 hours. The sites lies outside both these zones.

Guideline 2 applies outside these zones and allows leisure and food and drink uses provided that (a) conditions for nearby residents will not be harmed by noise breakout, traffic, parking on nearby streets, odours, street noise and general disturbance, (b) any consequential anti-social behaviour is unlikely to disturb local residents.

Mixed Use Regeneration

Mixed uses, with housing side by side with late night entertainment venues, have evolved in this area over the last ten years partly under planning control and partly with a lesser degree of regulation through licensing.

It is clear that city centre levels of residential amenity are already materially compromised by the present mixture of land uses nearby with the opening hours of this building already permitted. Evidence from late night site visits in previous years, from the enforcement history of this building, and from the strong adverse response from local residents to this proposal strongly suggests that this is the case.

A relevant point is that some landlords evidently consider it difficult to find tenants for their flats for these reasons.

Another concern is that the site is now located between two large blocks of residential flats at West Point and Broughton House. Broughton House was converted to residential accommodation from offices after 52-54 West Street opened as a late bar.

Hours of Use

The extension of opening hours as proposed is considered to be incompatible with the Council’s objectives for harmonious mixed use regeneration. The proposal is considered likely to detract from the amenity of neighbouring residential occupiers, and is contrary to both Policy IB9 of the Unitary Development Plan and Guideline 2 of the Interim Planning Guidelines on Night Time Uses. This stance is strongly backed by existing nearby residents.

RESPONSE TO REPRESENTATIONS

Objections (1) to (14): See Report above.

ENFORCEMENT

Objections (4) and (7) are being investigated for any breach of the existing planning permission.

CONCLUSION

The proposal is considered to be unacceptable and contrary to adopted planning policy for the reasons given above.

RECOMMENDATION

Refuse for the reasons stated.

Case Number 09/02300/FUL

Application Type A Full Planning Application

Proposal Residential redevelopment of 54 new homes together with alterations to the existing highways and the provision of new highways (approved house type plan (units H3.6.2 & H3.6.3), front garden plan (Ref. 07003/P/16C), sections plan (Ref. 07003/P/11C) & street elevation plan (Ref.07003/P/10C) dated 25 September 2009, all other approved plans dated 7 September 2009).

Location Land At Weakland Close Weakland Drive Weakland Way And Weakland Crescent Sheffield

Date Received 22/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent AA Design Ltd

Recommendation Grant conditionally subject to the completion of a Legal Agreement

Subject to:

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

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

2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008, Part 1 (Classes A to G inclusive), and the Town and Country Planning (General Permitted Development) Order 1995, Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls or alterations which materially affect the external appearance of any dwellinghouse shall be constructed without prior planning permission being obtained from the Local Planning Authority.

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

92 3 Samples of all proposed external materials and finishes, including windows, shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

4 A sample panel of the proposed masonry for each brick type shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

5 Full details, including materials and finishes, at a minimum scale of 1:20 were requested, of the items listed below shall be approved in writing by the Local Planning Authority before the commencement of development:

a) Projecting bay windows (including returns and soffits). b) Timber cladding patterns. c) Garage doors (which shall be timber). d) Windows (which shall be timber, including heads, cills and surrounds). e) Window reveals. f) Doors (which shall be timber). g) Canopies including soffits h) Eaves for each house type. i) Ridge details for each house type. j) Railings, fences, walls & balustrades. k) Rainwater gutters, downpipes and external plumbing. l) Vents (including locations). m) Bin Stores. n) Planters. o) Elevational treatment where materials meet. p) Bonds and joints.

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

In order to ensure an appropriate quality of development.

6 Within 3 months of work starting on site, a landscape scheme for the site shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details before occupation of the first unit or within an alternative timescale to be first agreed in writing with the Local Planning Authority.

In the interests of the amenities of the locality.

93 7 Within 3 months of work starting on site a landscape management plan, which shall include long term design objectives, management responsibilities and maintenance schedules for all public landscaped areas, shall be submitted to and approved in writing by the Local Planning Authority. The agreed landscape management plan shall be implemented at all times thereafter.

In the interests of the amenities of the locality.

8 At all times that being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

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

9 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.

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.

10 The development shall not be occupied unless all redundant accesses have been permanently stopped up and reinstated. Thereafter the means of

94 vehicular access shall be restricted solely to those access points indicated in the approved plans.

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

11 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.

12 The development shall not be occupied unless the car parking accommodation as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

13 Prior to works starting on site, details of the extent and construction material proposals for the existing highways that require reconstruction within the site shall have been submitted to and approved in writing by the Local Planning Authority. The agreed works shall thereafter be carried out before first occupation or within an alternative timeframe to be first agreed in writing by the Local Planning Authority.

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

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

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

15 The development shall not be occupied unless the bin storage and associated structures have been provided. Thereafter such facilities shall be retained.

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

16 Within 3 months of development starting on site full details of cycle parking shall have been submitted to and agreed in writing by the Local Planning Authority. The agreed details shall have been implemented before the development is occupied and thereafter retained.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

95 17 Before development commences full details of how the development will provide a minimum of 10% of its predicted energy needs from decentralised and/or renewable or low carbon energy sources shall have been submitted to and approved in writing by the Local Planning Authority.

The agreed details shall have been implemented in full working order before the development is occupied, unless an alternative timeframe is agreed in writing by the Local Planning Authority, if it is the latter then the revised timeframe shall be adhered to.

Thereafter the agreed equipment, connection and/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.

18 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code for Sustainable Homes Level 3, and before any dwelling is occupied (or within an alternative timescale to be agreed in writing with the Local Planning Authority) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

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

19 Development shall not commence until a Remediation Strategy Report has been submitted to and approved in writing by the Local Planning Authority. The Remediation Strategy Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. In the event that remediation is unable to proceed in accordance with an approved Remediation Strategy, or unexpected contamination is encountered at any stage of the process, the Local Planning Authority shall be notified immediately. Revisions to the Remediation Strategy shall be submitted to and approved in writing by the Local Planning Authority. Works shall thereafter be carried out in accordance with the approved revised Remediation Strategy.

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

20 Following completion of any measures identified in the approved Remediation Strategy or any approved revised Remediation Strategy a Validation Report shall be submitted to the Local Planning Authority. The Validation Report shall be prepared in accordance with Contaminated Land Report CLR11 (Environment Agency 2004) and PPS23. The site shall not be brought in to use until all the validation data has been approved in writing by the Local Planning Authority on completion of the works outlined in the approved Remediation Strategy Report.

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

21 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 the detailed proposals for surface water disposal, including calculations to demonstrate the reduction, must have been submitted to and approved in writing by the Local Planning Authority prior to commencement of development.

To ensure satisfactory drainage arrangements.

22 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 3.0 (three) metres either side of the centre line of the sewers which cross the site.

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

23 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.

24 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.

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

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

26 Before development is commenced, full details including floor plans, demonstrating that a minimum of 25% of the residential units meet Mobility Housing standards (as set out in the Sheffield City Council Supplementary Planning Guidance 'Mobility Housing'), shall have been submitted to and approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure that the development incorporates an appropriate proportion of accommodation that is easily adaptable for use by disabled persons.

97 27 Before development commences full details of the improvement works to the steps leading to Grassdale View shall have been submitted to and approved in writing by the Local Planning Authority. The approved works shall have been completed before any unit is occupied unless an alternative timeframe is agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

28 The smaller first floor window serving bedroom two within plots 75 & 85 shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass.

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

29 Before any work on site is commenced, measures to protect the existing trees & hedges to be retained shall be submitted to and approved in writing 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. The protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees 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.

30 Notwithstanding the hereby approved plans, the boundary treatments to plots 57, 58, 69, 70 & 99 are not approved and before development commences large scale details of revised boundary treatments shall have been submitted to and approved in writing by the Local Planning Authority. Once agreed the development shall be carried out in accordance with these details.

In order to ensure an appropriate quality of development.

31 Notwithstanding the hereby approved plans the timber screening to the bin stores relating to Parkside are not approved and before development commences an alternative detail, which shall be brick, shall have been submitted to and approved in writing by the Local Planning Authority. Once agreed the development shall be carried out in accordance with these details.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

BE5 - Building Design and Siting H7 - Mobility Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas CS24 - Maximising the Use of Previously Developed Land for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS40 - Affordable Housing CS41 - Creating Mixed Communities CS47 - Safeguarding Open Space CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction Planning Policy statement 3 - Housing

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

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

You should apply for a consent to:-

Head of Transport and Highways Planning, Transport & Highways Howden House 1 Union Street Sheffield S1 2SH

For the attention of Mr S A Turner Tel: (0114) 2736133

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

3. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact

99 Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process at an early stage may result in statutory undertakers refusing to connect services.

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.

Site Location

100 INTRODUCTION

The Scowerdons, Weaklands and Newstead regeneration initiative (SWaN) dates back to April 2002, when, following extensive consultation with residents, formal Cabinet approval was given for the demolition of approximately 800 houses across the 3 estates, in order for phased redevelopment to take place.

Outline planning consent was subsequently granted in September 2003 under planning reference 03/02821/RG3 for the demolition of the relevant properties within Weaklands. All matters relating to this outline consent were reserved for later approval.

In 2003, following further consultation with local residents, Home Housing was chosen to be the delivery partner for the redevelopment of all three estates, with an anticipated 1,052 homes built in total. 164 of these units are anticipated to be provided within Weaklands across 5 phases.

Phase 1 of Weaklands, which consisted of 44 dwellinghouses, received planning permission on 31 October 2006 and has recently been occupied (06/03242/FUL).

Phase 1 of Newstead, which consisted of 56 dwellinghouses, received planning permission on 30 October 2007 and is nearing completion (07/00807/FUL).

Phase 1 & 1a of Scowerdons, which consisted of 38 & 68 dwellinghouses respectively, were granted consent in October 2008 and construction is expected to commence in the near future on both phases (08/04166/FUL & 08/04187/FUL).

PROPOSAL

This application represents Phase 2 of the Weaklands redevelopment programme. It is a detailed application and in this sense is not linked to the original outline approval.

Phase 2 consists of 54 dwellinghouses. All but two of the units will be provided with private amenity space and the scheme includes notable variation in respect of house types and tenures. Different approaches have been utilised in respect of parking arrangements across the scheme with some curtilage parking, small parking courts and on-street parking. The proposal will also include the creation of a new highway.

LOCATION

The 3 SWaN estates are located in close proximity to one another in the southeast of Sheffield. The Weaklands Estate is the smallest of the 3 sites and was constructed in the 1960s to provide housing for low income families.

Surrounding the application site are a number of low rise residential properties of a similar character to those that have recently been demolished. Phase 1 of the Weaklands redevelopment is set across Weakland Crescent to the west. A

101 grassed area allocated for open space within the Sheffield Unitary Development Plan makes up the southern section of the site and is bounded by Sheffield Road.

The estate has several existing roads running through it, which include Weakland Crescent & Weakland Close. The main vehicle access to the site will be from Occupation Lane, which is set approximately 30 metres to the north of the site boundary.

RELEVANT PLANNING HISTORY

Phase 1 of Weaklands, which consisted of 44 dwellinghouses, received planning permission on 31 October 2006 and has recently been occupied (06/03242/FUL).

SUMMARY OF REPRESENTATIONS

There has been one representation in respect of this proposal from a neighbouring resident which expressed the following:

- The increased amount of traffic using these roads will create safety issues.

- The larger three storey properties are too close to the road.

- Not much consideration has been given to the existing residents.

- The run of houses could be split up more using green space.

South Yorkshire Police

‘Having reviewed the plans, I am pleased to say that many areas of concern relating to safety and security would appear to have been addressed. I am also pleased to note that the design and access statement clearly indicates the developer wishes to achieve secured by design accreditation for this scheme.’

South Yorkshire Passenger Transport Executive (SYPTE)

The SYPTE have requested that the applicant employ several measures, the most notable of which being the replacement of two existing bus shelters on Occupation Lane/Weakland Crescent, as part of delivering this phase.

PLANNING ASSESSMENT

Land Use Policy

A substantial section of the site is set within a Housing Area as defined within the adopted Sheffield Unitary Development Plan (UDP).

Policy H10: Development in Housing Areas within the UDP states that housing is the preferred use within such areas. The principle of the residential development within the designated Housing Area is therefore considered to be preferable.

102 Planning Policy Statement 3: Housing (PPS3) states that previously developed brownfield land should ideally be developed for housing before greenfield land. PPS3 states that it is a national annual target for at least 60% of new housing to be provided on previously developed brownfield land.

Policy CS24: Maximising the Use of Previously Developed Land for New Housing within the adopted Sheffield Development Framework Core Strategy (CS) states that 88% of new housing should be developed on brownfield sites. CS24 sets out several exceptions were it could be acceptable to develop on greenfield land, including CS24 a), which identifies sites in housing renewal areas where it is essential for the effective regeneration of the area and adequate open space would be retained to meet local needs.

A substantial proportion of the site is on previously developed brownfield land and the development of housing on this section of the site is considered to be in accordance with PPS3 and Policy CS24.

The southern section of the site is within a designated Open Space Area as defined within the adopted UDP. This section of the site has been undeveloped and is considered to be greenfield land. The proposal will result in the construction of several houses and new highway infrastructure in a section of this open space area, resulting in a net loss of 2,335 square metres of greenfield land.

In respect of PPS3, this document offers little in terms of when it is most appropriate to develop a greenfield site, therefore the exceptions set out within Policy CS24 a) must be applied, those being:

- The site would be within a housing renewal area.

This site is considered to be within a key housing renewal area as it forms part of the wider SWaN regeneration initiative.

- It is essential for the effective regeneration of the area.

Having discussed the issue at length with key stakeholders, it is regarded as essential that this phase delivers a specific number of units for it to go ahead and to keep the momentum of the wider SWaN initiative on track. As a result the development of this area is needed to ensure these numbers are delivered.

It is also considered that the proposal offers the most effective layout to take advantage of the features in and around the site, which includes having units looking onto the retained section of the open space land.

- Adequate open space would be retained to meet local needs.

The applicant has agreed that the open space lost as part of the delivery of this phase will be replaced within the catchment area of the development, most likely as part of a future phase. This issue is discussed in more detail within the Land Use (Open Space Area) section below.

103 In respect of the principle developing on the greenfield land the proposal is therefore considered to comply with the relevant exceptions set out within Policy CS24 a).

Land Use (Open Space Area)

Although it has been demonstrated that the principle of developing on greenfield land is acceptable in this instance, in accordance with Policy CS24, the proposal must also be considered in relation to the Policy CS47: Safeguarding Open Spaces, which sets out Sheffield’s approach to protecting open spaces across the city.

Policy CS47 sets out several tests that must be met for the development of open space to be considered acceptable. The first test is that the loss of this open space would not result in a quantitative shortage of either informal or formal open space in the local area.

Following an open space assessment, it has been demonstrated that the existing catchment area already suffers from a quantitative shortage of open space and, as a result, the loss of this additional open space would further add to this shortage. Consequently, this proposal is considered to be a departure from the Sheffield Development Framework Core Strategy and has been advertised accordingly.

In respect of the loss, the applicant and the South Sheffield Regeneration Team have agreed that the Unitary Development Plan designated open space lost as part of the delivery of this phase, which equates to 2,335 square metres, will be replaced within the catchment area of the development, most likely as part of a future phase, which will ensure that, once replaced, although the shortage will remain, this proposal will not result in further loss.

It is also noted that in the short term new informal open space will be created in and around this phase as part of the continuing clearance programme, which will in part make up for this loss.

The open space that is to be lost is not considered to be of any significant heritage, landscape or ecological value.

Although not ideal, when all the factors are considered, it is not viewed that the loss of part of the Unitary Development Plan Open Space Area is so significant as to warrant the refusal of this key regeneration project.

Design

Policy BE5: Building Design and Siting within the UDP states that in all new developments there should be a comprehensive and co-ordinated approach to the overall design. BE5 goes on to state that in large-scale developments materials should be varied and the overall mass of building broken down.

104 Section a) within Policy H14: Conditions on Development in Housing Areas within the UDP states that new buildings in Housing Areas should be in scale and character with neighbouring buildings.

The layout of the scheme provides a strong and largely uniformed building frontage in the spirit of Phase 1, whilst ensuring an efficient use of available land through the provision of two small Mews Courts. The scale of the units will be two/three storeys in height, which is in character with the wider area.

The architects have created distinctive character areas, which is a theme carried through the wider SWaN regeneration programme. This has been reflected successfully through differing house types and urban realm approaches.

The scheme employs a variety of architectural approaches, employing three main materials (timber, brick and render) and a number of interesting architectural details such as projecting bay windows. These materials and features will be used in different ways throughout the development to allow for a unity across the varying character areas whilst also creating distinctiveness and visual interest.

In light of the above, the scheme is considered to comply with Policies BE5 & section a) within H14.

Landscaping

As part of delivering the scheme several existing trees will be removed, which have been identified within a submitted Tree Report. It is considered that the trees to be removed are predominantly of a poor quality and their loss will be compensated for through the planting of a number of new trees across this phase of the estate.

The proposal will follow the trend of Phase 1 by creating a strong and welcoming public realm, which utilises a number of approaches including structured landscaping, grassed areas, curtilage trees and street trees.

Highways

Section d) within Policy H14: Conditions on Development in Housing Areas within the UDP states that new development should provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

The scheme provides a number of integral garages, which are not considered to be of a suitable size to meet modern needs and are therefore not counted towards the parking provision within the scheme. With this in mind, the scheme is still considered to provide a suitable level of car parking to meet the needs of future residents given the close proximity to excellent public transport, which includes a high frequency bus route and the Supertram.

The scheme will include a small number of highway closures and will also introduce a variety of road types, including shared surfaces and private mews courts. All of these road types are considered to be designed to offer safe access to the highway networks and provide a safe pedestrian environment.

105

The scheme is therefore considered to be in compliance with Section d) of Policy H14.

Access

Policy H7: Mobility Housing within the UDP requires 25% of new units to be mobility compliant or easily adaptable.

The applicant has agreed to meet the 25% quota and in addition will ensure 50% of the units will be designed in compliance with Lifetime Home standards.

The proposal is therefore considered to meet the requirements of Policy H7.

Sustainability

Policy CS64: Climate Change, Resources and Sustainable Design of Development within the CS sets out a suite of requirements in order for all new development to be designed to reduce emissions. In practice, to satisfy the main body of the policy residential developments should achieve Code Level 3 within the Code for Sustainable Homes.

Policy CS65: Renewable Energy and Carbon Reduction requires new residential developments to achieve a minimum of 10% of their predicted energy needs from decentralised and renewable or low carbon energy.

The energy conservation credentials of the scheme are considered to be excellent. The developer has agreed to provide 10% of the schemes energy through renewable sources and meet Code Level 3 within the Code for Sustainable Homes.

The development also includes other sustainability measures including using porous surfacing materials in places, reducing surface water run-off and providing spaces for secure cycle parking.

The proposal is considered to meet the requirements set out within Policies CS64 & CS65.

Amenities of Future and Existing Residents

Section c) within Policy H14: Conditions on Development in Housing Areas within the UDP states that new development sites in such areas should not be over- developed or deprive residents of light, privacy or security.

The internal environment offered to future residents by the proposed dwellings are considered to be of a high quality. The internal accommodation proposed offers good sized living spaces, to which the habitable rooms all have sources of natural light and ventilation and an adequate outlook.

106 The layout of the estate is such that suitable distance has been provided to ensure the amenity of future residents and existing surrounding residents will be satisfactory in respect of privacy, dominance and shadowing.

All but two of the future units will be provided with adequate private amenity space. The two units that will not have private garden areas are plots 86 & 96, which are apartments set above vehicle accesses into rear parking courts within Parkside Mews. Although not ideal, the applicant has used the space to the rear of these units for small parking courts in order to ensure the public areas of the scheme are not car dominated. With this in mind, and given that there is a large retained grassed area within Parkside Mews, this is on balance considered to be acceptable.

The proposal is therefore considered to comply with Section c) of Policy H14.

Affordable Housing

Policy CS40: Affordable Housing states that developers of all new housing schemes will be required to contribute towards the provision of affordable housing where this is practical and financially viable. The target within CS40 is between 30 & 40% of the units.

Of the 54 units 31 will be provided for social rent and 6 units for shared equity, which equates to 69% of the units being provided as affordable housing. This figure is far in excess of the City Council’s affordable housing requirements and will be delivered through a Development Agreement with the South Sheffield Regeneration Team.

Density of Development

Policy CS26: Efficient Use of Housing Land and Accessibility within the CS requires appropriate housing densities to ensure the efficient use of land. As this site is within an urban area with easy access to a high frequency bus route and the Supertram the recommended density of between 40 to 60 units per hectare is achieved.

Creating Mixed Communities

Policy CS41: Creating Mixed Communities within the CS encourages the creation of mixed communities and states that they should be promoted by developing housing to meet a range of needs, including a mix of prices, sizes, types and tenures.

The proposed schemes supports the objectives of CS41 as it provides a wide range of housing types and sizes, including a significant proportion of affordable housing and family housing.

S106 Open Space Requirements

107 As the proposed scheme will be delivering substantial regeneration to an area in which it is required and replacing existing residential units, it is considered reasonable to request a financial contribution towards open space enhancements only for the extra bed spaces generated, as with previous approved phases across SWaN. It is also noted that as Phase 1 of the Weaklands redevelopment provides a new children’s play area then a further contribution towards such facilities will not be required as part of this phase.

The proposed scheme is replacing 33 units (99 bed spaces) with 54 units (151 bed spaces), creating an additional 52 bed spaces. The S106 Contribution will therefore equate to £15,280 for the provision of open space within the catchment area, which will be utilised following consultation with the relevant Community Assembly.

Public Art

As part of a public art strategy across the wider SWaN development it has been agreed that the applicant will provide £10,800 (£200 per unit), which will go towards funding one or more pieces of public art as part of the redevelopment of the Weaklands estate.

RESPONSE TO REPRESENTATIONS

South Yorkshire Passenger Transport Executive (SYPTE)

The applicant will be implementing a Travel Plan as part of this development, which will encourage and promote various initiatives to increase the use of public transport.

The applicant has expressed an unwillingness to replace the existing bus shelters, requested by SYPTE, for reasons of financial viability. In this respect officers are aware of the financial constraints of this scheme and the wider SWaN initiative has to work within and, although the replacement of these shelters would have been welcomed, it is not considered that this lack of provision would warrant the refusal of this application.

SUMMARY AND RECOMMENDATION

A substantial portion of the site is within a Housing Area as defined within the adopted Sheffield Unitary Development Plan (UDP) and on previously developed brownfield land. The construction of housing on this section of the site is widely supported within the relevant policy documents.

The southern section of the site, which will in part house several of the proposed units and a new highway, is within a designated Open Space Area as defined within the adopted UDP and is considered to be undeveloped greenfield land.

Based on the exceptions set out within the relevant policy documents the development of part of this greenfield site is considered to be acceptable, largely due to the development forming part of a wider housing renewal area.

108

In respect of developing on part of the designated open space area, this is considered to be contrary to the UDP, given that the existing catchment area already suffers from a quantitative shortage of open space. To counter this loss, the relevant stakeholders have agreed that the UDP designated Open Space lost as part of the delivery of this phase will be replaced within the catchment area of the development, most likely as part of a future phase, which, on balance, is considered to be acceptable given the wider regeneration benefits.

The proposed scheme demonstrates good design quality and contemporary architecture, setting a benchmark for the future phases of the estate.

The scheme proposes a suitable amount of parking provision given its close proximity to excellent public transport links, including the Supertram.

The scheme proposes excellent and expansive areas of hard and soft landscaping creating a coordinated and attractive environment, which will assist in creating a strong sense of place.

The scheme has excellent energy conservation credentials, which is necessary to assist in the creation of a sustainable community.

The orientation and layout of the properties is such that future and existing residents will be able to benefit from satisfactory living conditions.

69% of the units are proposed to be affordable, which is far in excess of the current requirements.

The application is recommend for conditional approval subject to a planning obligation under Section 106 with the following Heads of Terms:

Heads of Terms

1. The owner shall pay to the Council on or before commencement of the development the sum of £15,280 to be used for the provision of open space in the locality.

2. The owner shall pay to the Council on or before commencement of the development the sum of £10,800 to be used for the provision of public art within the redevelopment of the wider Weaklands estate.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 25 October 2009 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

109

Case Number 09/02290/FUL

Application Type A Full Planning Application

Proposal Alterations to existing building for use as restaurant/cafe & offices (Use Classes A3 & B1) and erection of a 4 & 5-storey office building (Use Class B1), including the installation of an atrium in the courtyard

Location 151 Arundel Street Sheffield S1 2NU

Date Received 15/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Cartwright Pickard Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 This development shall be carried out in complete accordance with the approved plans unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

3 For all new build elements of the scheme, samples of all proposed external materials and finishes, including glazing materials, atrium framing materials and balconies, shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. These shall include details of re-painting (if appropriate) the retained Arundel Lane and Brown Lane elevations. Thereafter, the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

110 4 For all new build elements of the scheme, large-scale details of the following items, at a minimum of 1:20 shall be submitted to and approved in writing by the Local Planning Authority before the commencement of development:

(a) Eaves (b) Handrails/glazed balconies to the top floor; (c) Fenestration details (including window recesses). (d) Doors (including recesses) (e) Glazed link blocks; (f) Entrance gate to Arundel Street;

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

In order to ensure an appropriate quality of development in accordance with Policy BE5 of the Adopted Unitary Development Plan.

5 The development shall not be occupied unless the approved sound insulation measures detailed in the Acoustic Assessment for Planning Purposes undertaken by Arup Acoustics (6 July 2009) have been implemented and retained in accordance with the details submitted to and approved in writing by the Local Planning Authority.

In the interests of the amenities of the locality and occupiers of the proposed dwellings.

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

a) Be carried out in accordance with an approved method statement,

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

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

7 No externally mounted plant or equipment for heating, cooling or ventilation purposes, nor grilles, ducts, vents for similar internal equipment, shall be fitted to the building unless full details thereof have first been submitted to and approved by the Local Planning Authority, and once installed such plant

111 or equipment should not be altered without prior written approval of the Local Planning Authority.

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

8 Before the development is brought into use, or in accordance with a timescale to be agreed by the Local Planning Authority, the footway adjoining the site along Arundel Street, Brown Lane and Arundel Lane shall be resurfaced/repaired (as appropriate) in accordance with the secondary palette of materials as set out in the Urban Design Compendium with details to be submitted to the Local Planning Authority prior to the commencement of development.

In the interests of the locality and to meet the objectives of the Urban Design Compendium and Policy BE5 of the Adopted Unitary Development Plan.

9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended), in the event of the use of the ground floor units within Use Class A3 as indicated on the approved plans, these units shall only be used in accordance with Class A3 of the Town and Country Planning (Uses classes) Order 1987 (as amended) unless otherwise approved by the Local Planning Authority.

In order to define the permission.

10 In the event of the use of the ground floor units for purposes within Use Class A3, such café/restaurant shall only be used between the hours of 0800 and 2330 Mondays to Saturdays, and 0800 hours and 2300 hours on Sundays and Public Holidays .

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

11 In the event of the use of the ground floor units for purposes within Use Class A3, no deliveries shall be carried out between the hours of 2300 to 0700 hours on any day.

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

12 In the event of the use of the ground floor units for purposes within Use Class A3 no live music or amplified sound shall be played within the A3 unit(s) unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

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

112 (b) Be capable of restricting noise breakout from the building to the street to levels not exceeding: (i) the background noise levels by more than 3 dB(A) when measured as a 15 minute Laeq, (ii) any octave band centre frequency by more than 3 Db when measured as a 15 minute linear Leq.

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

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

13 The new build commercial development fronting Arundel Lane and the service yard elevation shall not be occupied unless the Local Planning Authority deems the retained buildings to Arundel Street and Brown Lane have been satisfactorily provided and the buildings are fit for occupation to be approved by means of a site inspection and to be subsequently confirmed in writing by the Local Planning Authority.

In order to preserve and enhance the character of the CIQ Conservation Area and in the interests of the visual amenities of the locality.

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

In order to ensure that proper provision for refuse is made.

15 The approved ground floor ‘shop’ fronts to the proposed ground floor A3/B1 units shall be installed prior to the first occupation of the building or within an alternative timescale to be first agreed with the Local Planning Authority. Thereafter the approved shop fronts shall be retained unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure that the ground floor of the building is finished to an appropriate quality, in the interests of the visual amenities of the locality.

16 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.

113

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.

17 Prior to the commencement of development, details of a signage strategy in relation to the proposed use of the ground floor for Use Class A3 shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include the location and form of all signage. The development shall then be implemented in accordance with the approved strategy (subject to gaining appropriate Advertisement Consent as necessary).

To ensure an appropriate quality of development within the CIQ Conservation Area.

18 There shall be no window openings on elevations facing dwellings on . Any emergency fire doors in these elevations shall not be opened for the purpose of ventilation or access/egress of the general public other than for emergency purposes.

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

19 Unless it can be shown by means of a written report to be neither feasible nor viable, before any work on site is commenced, a report shall be submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

a) a minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy; and b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

114 Attention is drawn to the following justifications:

BE5 - Building Design and Siting BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing & Residential Institutions in Industry & Business Areas H7 - Mobility Housing CS3 - Locations for Office Development CS4 - Offices in the City Centre CS17 - City Centre Quarters CS74 - Design Principles CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction

and to all relevant material considerations, including Supplementary Planning Guidance.

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.

3. The Council is responsible for allocating house numbers and road names to both new developments and conversions of existing buildings. Developers

115 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.

Site Location

116 LOCATION AND PROPOSAL

This application relates to a 1-hectare rectangular site that fronts Arundel Street to the west, Brown Lane to the north, Arundel Lane to the east and the new Sheffield Hallam University’s Furnival Building to the west.

The site incorporates the Grade II Listed formerly cutlery works known as Sellers Wheel, situated at 151 Arundel Street, which consists of two ranges of predominantly Victorian buildings; the front range to Arundel Street with a small return range adjoining the Furnival Building extends to three storeys in height and includes a cart entrance into a central cobbled courtyard. The second range, which fronts Brown Lane, also extends to three storeys. Both ranges are detailed and constructed in brickwork that has subsequently been painted. The Arundel Lane elevation comprises symmetrical sash windows and a highly detailed archway entrance to the courtyard; the roof shape is asymmetrical with a side gable to the northern end and a pavilion-hip to the other. The Brown Lane range has a flat roof but it is suggested that it previously had either an additional floor or pitched roof, which has since been removed; it is built directly up to the Arundel Street frontage. Both ranges are presently vacant but were previously occupied by a joinery works that have since relocated. To the rear of the Listed ranges, the site has now been cleared but it previously incorporated a one-storey brick building with mezzanine floor and slate pitch roof that lay within the courtyard and, at the rear of the site, a former area of car parking and a now demolished post-war brick built office/industrial building.

The surrounding area is relatively mixed in character. On Arundel Street, the site lies opposite the Grade II* Listed Butcher Works, which has now been converted to residential accommodation with a café within the ground floor accessed from Arundel Street. This adjoins Sterling Works, which is now occupied by the Ruskin Mill Educational Trust. Immediately to the south is the SHU Furnival Building, which provides teaching space. To the north and north-east, the site adjoins premises within a rectangular plot bounded by Brown Lane and Charles Street; this area incorporates a range of uses including MG Tools, who occupy the site at 158 Charles Street. To the east on Arundel Lane are various works buildings. The entire site falls within the CIQ Conservation Area.

This application proposes the restoration and conversion of the Listed ranges to provide office accommodation within Use Class B1 (Business) on each floor with a flexible use on the ground floor, to allow either offices or a possible A3 (café restaurant use). It also proposes the construction of a new ‘L’ shaped building to enclose the existing courtyard to Arundel Lane and adjacent to the SHU Furnival Building, which will also provide office accommodation within Use Class B1 on each floor with a flexible use on the ground floor range to allow a possible A3 use (café restaurant). The conversion of the existing building will deliver approximately 181 square metres of floorspace within Use Class A3 and approximately 505 square metres of office space within Use Class B1; the new block will provide approximately 2409 square metres of office accommodation of which approximately 196 square metres is flexible space within either Use Class B1 or A3. This will deliver a maximum total of 377 square metres of A3 floorspace and 2914 square metres of B1 office space.

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The existing buildings on Arundel Lane and Brown Lane provide three floors of accommodation. However, these existing buildings have generous floor to ceiling heights, which equates to approximately three and a half floors of a modern building. The new build element of the development extends up to a maximum of five storeys; this maximum is achieved to the Arundel Lane frontage, which comprises a generous ground level with a floor-to-floor height (i.e. ground floor level to first floor level) of 5.1 metres, with four floors above. These upper floors present a more standard floor-to-floor level of between 3.6 and 3.7 metres; additionally the top floor is recessed from the main elevation by 1.3 metres fronting Arundel Lane and 1 metre to each side elevation. A glazed five-storey link block connects the Arundel Lane frontage to the existing building on Brown Lane and provides a pedestrian route into the courtyard; this is recessed from the main street frontage by 1 metre.

Within the courtyard, the new southern range, adjoining the boundary with the Furnival Building, extends to four storeys in height with the glazed link also providing a connection between this range and the original Arundel Lane frontage. The link extends to five storeys to provide a sense of continuity across the site. The glazed link block also integrates with a new glazed atrium that is sited within the courtyard and covers approximately 50% of this area. The atrium is constructed in clear glazing with a mono-pitched roof that slopes from the roof of the southern range to the roof of the retained Brown Lane building.

Architecturally, the new development is modern in approach with a strong emphasis on the quality of materials and design detail. The new build element of the scheme is a concrete framed structure with a self-supported brick skin that comprises red brickwork. The pre-cast concrete banding is used to express the floor structure and is continued to the top level whereby slim concrete columns set the framework for the top floor and also perform structurally to transfer the load of the roof along the roof terrace. The original proposal incorporated a concrete roof, which has subsequently been revised to a metal louvered system to deliver a more lightweight appearance and to also provide solar control to the glazed top floor. The new elevations are extensively glazed with full-height windows that are deeply recessed to provide modulation to the facades; they are also randomly positioned to provide visual interest. The window system will incorporate clear translucent and opaque glass to allow in sufficient light but it will also hide services where needed. Louvres are proposed to the window heads to provide appropriate ventilation.

The Listed ranges within the site will be restored to their original prominence. The carriage entrance from Arundel Street will be retained and remain open as the entrance into the central courtyard, which will be re-cobbled and retained largely as an amenity area in front of the new atrium.

RELEVANT PLANNING HISTORY

This site already benefits from an application to restore the former cutlery works and construct two new ranges to Arundel Lane and adjacent to the Furnival Building to create a mix of office and residential use. However, in light of the

118 present economic climate, the residential market is not considered viable such that this application seeks a solely commercial use for the site.

However, the relevant planning history is summarised below:

06/01587/FUL: Retention of buildings fronting Arundel Street and Brown Lane and construction of a courtyard block of part-four, part-five and part-six storeys comprising office (Use Class B1) and restaurant/cafe (Use Class A3) at ground and part first floor, with 33 x 1 bedroom and 2 x 2 bedroom residential apartments above. Approved: 15.02.2007

The two ranges that comprise the formerly cutlery works known as Sellers Wheel were listed after the granting of the planning permission such that a Listed Building Consent was subsequently required.

07/02479/LBC: Retention of buildings fronting Arundel Street and Brown Lane and construction of courtyard block of part-four, part-five and part-six storeys comprising office (Use Class B1) and restaurant/cafe (Use Class A3) at ground and part first floor, with 33 x 1 bedroom and 2 x 2 bedroom residential apartments above, with associated landscaping and courtyard parking. Approved: 21.02.08

SUMMARY OF REPRESENTATIONS

The application was advertised as a development affecting a Listed Building and the CIQ Conservation Area. Three representations have been received as summarised below:

A letter has been received from MG Tools, a cutlery and tool manufacturer that lie opposite the site at 158 Charles Street. They responded to the previous application in 2006 to set out their concerns that the original noise assessment submitted by the applicant did not fully take into account the noise from their unit, as the surveys were undertaken at a time when their workshop was not fully operational. They considered that an accurate representation of the noise is necessary to ensure that, should planning permission be granted, there would be no complaints arising from future occupiers that would then prejudice their operation. MG Tools have resubmitted their previous letter and wish to ensure, again, that their presence in the area is taken fully into account when planning is considered.

A letter of objection has been received from the Fusion Organic Café at Butcher Works, who welcome the retention of the listed buildings but consider that the proposed large height has no aesthetic merit in this historic part of the City. The objector is also concerned that the development will result in a very large increase in traffic as there is no parking facility.

Finally a response has been received from an occupier of Butcher Works who wishes to comment on the application. The occupier expresses support for the application if there is a restriction on the opening hours of the café/bar to a closing

119 time of 11pm although the comment also notes concern with regard to the height of the building and considers that the new ranges are one storey too high.

The following statutory consultations have also been received:

English Heritage: English Heritage consider that the positive elements of the scheme are that it retains and conserves what remains of the exterior of the Listed Building and it retains the courtyard and makes it a central space of the new development. They also advise that it has a mix of uses and the design is an improvement on earlier versions of the scheme. English Heritage does have some concerns regarding the details of the interior of the Listed Building and seek an assessment of the impact of the works, which are considered in the concurrent Listed Building Consent (09/02286/LBC). They also conclude that it would have significantly less impact on the setting of the Sellers Wheel, Butcher Works and the CIQ Conservation Area if it were reduced by one storey.

The Conservation Advisory Group has also considered this application and their comments will be circulated in a supplementary report on receipt.

PLANNING ASSESSMENT

This application proposes the redevelopment of the site at 151 Arundel Street, which lies within the CIQ Conservation Area. The application proposes the retention of the front building to Arundel Street and the block fronting Brown Lane with a comprehensive new development to the rear. The key issues to consider in the determination of this proposal include the following:

(i) Principle of development – policy and land use; (ii) Design and scale of development; (iii) Impact on the CIQ Conservation Area; (iv) Transport and highway issues; (v) Noise (vi) Sustainability.

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

Policy and Land Use

Within the Sheffield Adopted Unitary Development Plan the application site is designated as a Fringe Industry and Business Area. Policy IB6 of the UDP relates to development in such areas and advises that whilst Business (Use Class B1), General Industry (B2) and Warehousing (B8) uses are preferred, a range of other uses including small shops (A1), food and drink (A3), leisure and recreation (D2) and housing (C3) may also be acceptable. As such, the principle of a development within Use Class B1 (office) with an element of food and drink is in accordance with Policy IB6. Policy IB9 of the UDP advises that the preferred uses (i.e. employment) should remain dominant within Fringe Industry and Business Areas, to which this application also complies.

120 However, Policy IB6 has largely been superseded by relevant policies within the Sheffield Development Framework Core Strategy, which was adopted on 4th March 2009 and takes into account up-to-date national planning policy guidance such as Planning Policy Statement 6: Town Centres. Policy CS3 of the Core Strategy relates to locations for new office development and advises that such development will take place in a number of key locations including the City Centre and in accessible locations at the edge of the City Centre, to which the application proposal complies. Policy CS4 of the Core Strategy (Offices in the City Centre) advises that new large- scale and high-density office developments will be concentrated in the City Centre in Priority Office Areas, such as locations within the Heart of the City and Eyre Street, particularly for prestige office accommodation. Although Arundel Lane is not a location that is specifically cited, Policy CS4 also notes that significant amounts of new office floorspace will also be located in other areas of the City Centre, including development as part of mixed schemes, to which this proposal is considered to comply. It is also relevant to note that an office development in this central location is consistent with Policy E2 of the Regional Spatial Strategy (Town Centre and Major Facilities) and the objectives of Planning Policy Statement 6: Planning for Town Centres, which both seek to create vital and viable Town Centres.

Finally, Policy CS17 of the Core Strategy relates to the City Centre Quarters and advises that the distinctive and fundamental roles of different quarters of the City Centre will be consolidated and strengthened. With specific regard to the Cultural Industries Quarter, it states that the CIQ is an area with a wide mix of uses and established as the main location for the city's creative and digital industries, as one of the key growth clusters for the economy of the City Region. The proposed developed is considered to comply with this approach in terms of delivering high quality office accommodation.

The principle of an office development (Use Class B1) with a ground floor use within either Use Class B1 or Use Class A3 (café/restaurant) is therefore consistent with national, regional and local planning policy and is deemed to be acceptable in principle.

Design and the scale and massing of development

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

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Scale and massing

The principal issue in assessing the scale and massing of the development relates to the new build ranges that front Arundel Lane, part of Brown Lane and the new range adjoining the SHU Furnival Building. The application requires consideration as to the impact of their scale on the street scene and their relationship to the listed ranges to the front, which will be refurbished and repaired.

In this case, the proposed new development fronting Arundel Lane extends to a maximum of five commercial storeys of development and reduces to four storeys immediately adjacent to the SHU Furnival Building. This massing is broadly consistent in height with the previously approved residential scheme (06/01587/FUL), which extended to five residential storeys to the courtyard elevation that adjoins the Sheffield Hallam development, five storeys on Brown Lane and up to six storeys on Arundel Street with the top floor recessed by 1.2 metres from each façade, with the exception of a six-storey corner feature at the junction of Arundel Lane and Brown Lane, which extended fully to six storeys. As part of this application, it is also relevant to note that the top floor fronting Arundel Lane is recessed by 1.2 metres from the main façade to reduce the visual impact of this top floor and 1 metre from each of the side facades. The top floor has also been redesigned in the course of the application from the scheme originally submitted, which comprised concrete columns at the edge of the façade and a concrete roof to a lighter glazed top floor with the concrete columns removed and a louvered roof with brise soleil, which allows the sky to be visible through the structure.

The Urban Design Compendium identifies the appropriate scale of development within the CIQ quarter as three to five storeys. Clearly, the new built form extends to a maximum of five storeys, in accordance the UDC albeit that the development includes a ground floor with a generous floor to ceiling height. It is important to acknowledge that this proposal is not significantly higher than the maximum height of the previously approved residential development but it has also been subject to assessment in respect of both local and long views.

The principal massing is clearly to the rear of the site fronting Arundel Lane and has been designed with regard to adjacent developments and the adjoining area of open space, at the side of the Sheffield Hallam Students Union building (former National Centre for Popular Music NCPM). Indeed, the Arundel Lane façade is five-storeys with the top floor recessed by 1.2 metres. The parapet to the top of the third floor, which forms the main brick edge of the façade on Arundel Lane, is lower than the adjacent SHU building by between 0.5 metres to 1 metre. The roof height of the recessed top floor is 2.7 metres higher that the tallest element of the adjacent SHU building (excluding the plant room) and 0.8 metres higher than the plant room.

This is a significant scale of development; however, the Arundel Lane façade at the corner with Brown Lane is considered to provide a suitable frame to the open space and will not impact detrimentally upon its character. Moreover, the top floor

122 to Arundel Lane will be recessed by 1.2 metres so that it will not be directly visible from street level adjacent to the site.

The impact of the scale of development on the Listed front ranges of the site fronting Arundel Street and Brown Lane and the surrounding Listed Buildings, including, most significantly, the Grade II* Listed Butcher Works, are also an important consideration. In this regard, the applicant has submitted some key 3D views to assess the impact. The view from the corner of Arundel Street and Brown Lane, standing at street level adjacent to Butcher Works, demonstrates that only the Brown Lane elevation is actually visible from this point and the visual impact of the development, from this perspective, is softened by the glazed link block between the retained Brown Lane building and the new range to Arundel Lane. From this view, the scale of development does not appear over-bearing in relation to the Listed Buildings.

A longer view from the northern side of Arundel Street, opposite the Charles Street public car park, suggests that the new ranges to the rear of the site will be visible but will be viewed in the context of a varied roofline and in particular, in the context of the traditional three storey block at 144 Charles Street. However, the scale of the new development does not appear unduly detrimental to these long views, particularly as this element of the scheme partly fronts onto an area of open space.

It is therefore concluded that the scale of development as proposed will not significantly impact upon key views within the CIQ and will not impact detrimentally on the character or appearance of adjacent buildings. It is also broadly comparable with the scale of the previously approved residential development. On this basis, the principle of the scale of this development is considered acceptable and a reduction in massing of one storey is not deemed justifiable in this instance. It is also relevant to acknowledge that the applicant is restoring and re-using the Listed Building that lies to the front of the site, which does impact upon the schemes overall viability.

On balance, the scale of development in relation to existing and adjacent buildings and within the street scene is in accordance with Policy BE5 and CS74.

Design

In design terms, it is considered that the proposed development employs a simple but high quality palette of materials that is established within a concrete frame, including red brick, and a clear glazing system, all of which are of an appropriate quality within a Conservation Area. The scheme is well detailed with full height glazing set within a random fenestration pattern, which are set within deep reveals to provide modelling to the main brick elevations. The expressed concrete frame provides further articulation and it is considered that the revised proposal, with the glazed upper floor and louvered roof frame, delivers a more lightweight design approach that reduces the visual massing of the development overall.

The introduction of a glazed atrium within the internal courtyard was subject to extensive pre-application discussion on the basis that the enclosure of a courtyard is not characteristic to metal trades buildings within the CIQ. However, the atrium

123 has been reduced to cover only 50% of the courtyard and will not be directly visible from the original courtyard entrance via Arundel Street. It is acknowledged that it does provide a useful reception and circulation area for the new office space such that it allows more flexible use of the accommodation and the potential to separate the office accommodation for multiple users. On the basis that the extent of the atrium is such that it retains an element of the open cobbled courtyard that is directly visible from the street and the propose glazing is of a high quality, to be secured by means of a planning condition, the atrium is considered acceptable in this instance.

It is therefore concluded that the proposed new development is of a sufficient quality and character to represent a design of appropriate architectural merit, in accordance with Policy BE5 and CS74.

Impact on the Conservation Area

The entire site lies within the CIQ Conservation Area and, as such, the proposals must be assessed in terms of its impact on the character of the area. The CIQ Conservation Area Appraisal identifies the Arundel Street Area of Special Character, within which the site lies, and specifically highlights the listed element of the site as one of architectural merit.

Policy BE15 of the Adopted UDP relates to areas and buildings of Special Architectural and Historic Interest. It advises that development that would harm the character or appearance of Conservation Areas will not be permitted. Policy BE16 provides more specific advice on development in Conservation Areas and advises that permission will only be grated for proposals that contain sufficient justification to enable their impact on the area to be judged acceptable and where it would preserve or enhance the special character or appearance of the Conservation Area. These policies reflect advice contained within PPG15: Planning and the Historic Environment.

This application clearly retains the listed ranges to both Brown Lane and Arundel Street, which are considered to be the most significant facades and in this respect, the proposal retains the character of the Conservation Area. It also ensures an appropriate relationship to the Grade II* Listed Butcher Works, which lie opposite.

For the purpose of this application, however, it is relevant to determine the impact of the new build ranges on the Conservation Area. In this regard, the retention of the Arundel Street and Brown Lane elevations is clearly welcomed and retains the character and appearance of the Conservation Area. The restoration and re-use of these buildings is, to some extent, subject to the viability of the scheme overall and the extent of the enabling new office development to the rear. It is important to acknowledge that the proposal retains the courtyard as a focal element of the site, which is characteristic of metal trades building within the locality and is constructed as four ranges that address both the street and the courtyard. Although the scale of new development to Arundel Lane is significant, it is within five storeys, which is identified as the maximum scale for development within the CIQ, as defined by the Urban Design Compendium. Moreover, the Arundel Lane frontage partly overlooks an area of open space and a commercial building such that there is no immediate

124 detriment to adjoining buildings within the CIQ Conservation Area. Furthermore, the new build element of the scheme has been designed to respond to the character of the CIQ, principally in terms of the predominant use of high quality traditional materials such as red brick, and façade detailing that includes full height windows set within deep reveals that will secure a very open and interesting façade. On this basis, it is concluded that the proposed development will preserve the existing buildings and enhance the character of the CIQ Conservation Area in accordance with Policies BE15 and BE19 and advice contained within PPG15.

Transport and highway considerations

This application does not provide the inclusion of any car parking for the office accommodation. The most up-to-date parking standards relevant to this application are set out in the Yorkshire and Humber Regional Spatial Strategy (May 2008), which determines that the maximum parking standard for B1 office use within a regional city is 1 space per 60 square metres above a threshold of 2500 square metres. This application proposes 2914 square metres such that only 414 square metres is above the threshold; this creates a maximum parking requirement of 7 spaces. The extent of A3 use proposed at ground floor is below the 1000 square meter threshold set out in the RSS to which the parking standards apply. As such, a maximum of 7 parking spaces should be provided for this development but on the basis that it is a maximum standard, the provision of no car parking within a highly sustainable City Centre location is still in accordance with the provisions of the RSS and is therefore acceptable.

It is still relevant to note Policy T22 of the UDP, which relates to ‘Private Car Parking in New Development’. The supporting text to Policy T22 advises that controlling levels of private parking provision is a means of discouraging peak-hour commuting by car and where public transport is good, levels of private parking within new development can be regulated to discourage peak-hour commuting into this area. The principle of no car parking is therefore considered to comply with the aspirations of Policy T22.

The Council’s Highways Officer has advised that it is considered reasonable, to secure operational parking for disabled persons within the development. As there is no opportunity for car parking within the courtyard, given the form of the proposed atrium, Highways propose that the applicant be required to provide 2 car parking bays by the conversion of existing nearby on-street parking bays to disabled use. This matter is presently the subject of further discussion to determine the precise cost of such provision and also to analyse further the extent of parking provision for disabled persons within the vicinity of the site. Should a financial contribution be deemed necessary, Members will be advised at the Planning Board.

Accessibility

Policy BE8 of the UDP relates to access to workplaces and advises that in all developments which would result in the provision of 20 or more jobs, suitable access arrangements will be promoted especially for public reception areas and

125 toilet facilities, to meet the needs of employees and members of the public with disabilities.

The Design and Access Statement submitted with this application advises that the development will be universally accessible to persons with a disability with level access provided to all entrance points and consideration given to those with visual impairments. Details of the measures proposed will be secured by means of a planning condition and on this basis the application will accord with the provisions of Policy BE8.

Noise

As part of the previous approval for the mixed-use development of this site, which included the provision of 33 residential units, the applicant submitted a full noise assessment, which included a noise survey and a determination of Noise Exposure Categories (NEC) as defined in National Planning Policy Guidance Note 24: Planning and Noise, on the basis that dwellings are deemed to be noise-sensitive uses. A revised document was not specifically requested as part of this application on the basis that it is a wholly commercial proposal. Indeed, PPG24 determines at paragraph 6 that developments such as offices will contain buildings and activities that are noise-sensitive, but these developments are likely to occupy sizeable sites and to contain a proportion of buildings and activities, which are less noise- sensitive. Consequently, the NEC principle cannot therefore be sensibly applied to such developments and it will be more appropriate to refer to specific guidance on internal noise standards in respect of each activity.

However, it is relevant to note that as part of the previous application, a revised noise assessment was undertaken in consultation with A. Wright and Son to understand the ‘worst-case scenario’ in respect of noise outbreak from 158 Charles Street following their concern at the original noise assessment, which provides relevant background date on noise within the locality. This assessment identified three specific noise sources; (i) noise breakout from the first floor workshop that is primarily used for grinding; (ii) noise from the dust extraction unit and (iii) from the ground floor forges room. It was determined that these would typically be intermittent noise sources but were assumed to operate continuously for the purposes of the survey. The noise survey revealed the noise extraction fan to be most significant and noise breakout from the grinding room and forge room would go largely unnoticed against the prevailing background noise. As part of the previously residential scheme, the Brown Lane façade of the building was therefore designed to control daytime external noise up to 63dB(A) and to the internal noise design criterion of 40dB(A). With windows closed, the noise survey determined that internal noise levels should be acceptable.

This proposal is clearly commercial in nature and will predominantly comprise office space within Use Class B1. The proposed fenestration treatment is fixed glazing with ventilation louvers within the head of the window such that the windows do remain closed. Furthermore, the office space is unlikely to be utilised at night and is not as noise-sensitive as a residential development would be.

126 It is also the case that an Acoustic Assessment undertaken by Arup Associates (July 2009) was submitted as part of this application. It effectively concludes that the sound attenuation measures established as part of the previous residential planning consent, which takes into account the operation of A. Wright and Sons, could be achieved as part of this commercial scheme. On this basis, and subject to conditions in relation to internal noise standards, it is not considered that the proposal will impact upon the operation of existing industrial uses within the area and future users of the office space will achieve an appropriate working environment without undue noise disturbance.

It is also necessary to consider the noise impact of the proposed A3 use in relation to existing residential occupiers, particularly given the proximity to the residential development at Butcher Works. It is acknowledged that the application site lies within the City Centre and people living in the City Centre cannot expect to experience the same levels of quiet as the more suburban parts of the City. However, on the basis that the site does lie within a mixed-use area, a condition is proposed to limit the hours of use to between the hours of 0800 and 2330 Mondays to Saturdays, and 0800 hours and 2300 hours on Sundays and Public Holidays. These hours are more restrictive than guidance within the Council’s City Centre Living Strategy (2004), which states at Guideline 10 that in certain Quarters, the amenity of residents during night-time hours is considered to be important and for new developments involving pubs, bars and restaurants it is appropriate to set their closing times to prevent undue disturbance. Within the CIQ (centred on Arundel Street. Matilda Street etc), the guidance recommends that bars could open until 0030 and restaurants to 0100. However, the hours of use proposed as part of this application are considered reasonable for this central mixed-use location in such close proximity to the residential development at Butcher Works.

Sustainability

Policy CS64 of the Core Strategy relates to climate change, resources and sustainable design of developments and advises that all new buildings and conversions of existing buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. They must also be designed to use resources sustainably. The supporting text to CS64 advises that to satisfy the policy, all new non-residential developments over 500 square metres should achieve a BREAM rating of very good (or equivalent). Policy CS65 of the Core Strategy, which relates to renewable energy and carbon reduction, requires all significant developments to secure the following, unless it can be shown not to be feasible or viable:

(i) Provide a minimum of 10% of the predicted energy needs from decentralised and renewable or low carbon energy AND (ii) Generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development's overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy required to satisfy (i). In this case, the applicant has submitted a sustainability statement, which confirms that the building will achieve a ‘very good’ or possibly ‘excellent’ BREEAM rating, which is consistent with Policy CS64.

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With regard to the renewable requirements set out in Policy CS65, the sustainability statement advises that a variety of measures have been considered. Roof mounted wind turbines are discounted on the grounds that the turbulence created to the airflow by surrounding buildings would render a turbine ineffective. Heat pump technology may be viable and would contribute to achieving the overall reduction in carbon emissions. However, a proper assessment as to whether it is feasible or viable to secure the requirements of Policy CS65 will be determined in due course once an occupier is secured and will be achieved at this stage, by means of a planning condition.

The principle of incorporating a Green Roof within the development and utilising a Sustainable Urban Drainage system are the subject of further discussion with the applicant as concerns have be raised regarding feasibility and viability. If deemed feasible and viable, further conditions will be recommended as part of a supplementary report to Board.

RESPONSE TO REPRESENTATIONS

The representation from MG Tools in respect of noise is addressed in the report above. The impact of the proposal on highways and traffic generation, and an assessment of the appropriate scale of the development are also considered above. A response to the concern raised by a resident of Butcher Works in respect of the proposed hours of use of any future A3 use within the development is addressed within the noise section above.

SUMMARY AND RECOMMENDATION

This application proposes a development that will result in the renovation and re- use of the Listed Sellers Wheel metal trades building at 151 Arundel Street and will also deliver the construction of a new high quality office space with active ground floor café/restaurant use to the rear of the site, which is presently cleared and ready for development. The principle of a primarily office development (Use Class B1) in this location and café/restaurant use at ground floor is fully compliant with relevant national, regional and local planning policy and principally, Policies IB6 and IB9 of the UDP and Polices CS3 and CS4 of the Core Strategy.

The scale and massing of development has been fully assessed in terms of its impact on the listed building to which it adjoins and the surrounding Listed Buildings and CIQ Conservation Area and, whilst it comprises the maximum scale considered appropriate to this site, to Arundel Lane it is comparable with the adjacent SHU Furnival Building and it will not impact on long and medium views within the Conservation Area. Architecturally, the scheme represents a modern design approach but it is well detailed with full height glazing that is presented within a random fenestration pattern; the glazing also has deep reveals to provide modelling to the main brick elevations. The predominant use of traditional red brick is also welcomed such that it will deliver an elegant high-quality scheme within the CIQ in accordance with Policy BE5 and CS74. The glazed atrium within the courtyard is also considered appropriate in this instance on the basis that an element of the open cobbled courtyard that is directly visible from the street is

128 retained and the proposed glazing is of a high quality. The restoration of the Listed Building will contribute positively to the character of the Conservation Area and to achieve this, it must be acknowledged that the new development to the rear will largely enable the renovation of this building but it is also considered to be of sufficiently architectural merit that it will, in itself, contribute to the character and appearance of the Conservation Area in accordance with Policies BE15 and BE19 and advice contained within PPG15.

The lack of parking provision is not deemed unduly problematic in this highly accessible location and with regard to accessibility; the new development will be universally accessible to persons with a disability with level access provided to all new entrance points in accordance with Policy BE8 of the UDP.

An appropriate internal environment for future office users can also be secured by means of appropriate noise attenuation to the glazing system.

Finally, with regard to sustainability the applicant has confirmed a commitment to achieve a BREEAM rating of at least ‘Very Good’ and will also have clear regard to the requirement to secure a reduction in carbon dioxide emissions and the use of renewable sources of energy where viable and practical.

In conclusion, the application is considered to comply with relevant national, regional and local planning policy and is recommended for approval subject to conditions.

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Case Number 09/02286/LBC

Application Type Listed Building Consent Application

Location 151 Arundel Street Sheffield S1 2NU

Date Received 15/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Cartwright Pickard Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 Notwithstanding the approved plans, prior to the commencement of development, further details of new walls or false ceilings within the Listed Building, in terms of their location and form, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the new walls and false ceilings shall be installed in accordance with the approved details.

In order to ensure the protection of the original fabric of the Listed Building.

3 The abutment of new walls or false ceilings or the atrium to the Listed Building shall not be bonded into existing walls by removing existing masonry unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building.

4 Prior to commencement of works, details of the extent and specification of brick/stone repair and cleaning shall have been submitted to and approved

130 in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved details.

In order to ensure that the fabric of the building is not damaged

5 There shall be no replacement, alteration or repair of any part of the original roof structure without the prior approval, in writing, of the Local Planning Authority of details of timbers to be removed, altered and repaired and details and specifications of all new replacement timber members.

In order to ensure that inappropriate alterations are avoided

6 Existing windows to the listed building(s) shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority. The windows shall consist of timber frames with timber opening casements. The glazing pattern, the thickness and profile of the frame and glazing bars and the reveal depth shall match those of the existing windows in the property.

In order to protect the original fabric of the building and the character and appearance of the Conservation Area.

7 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

8 Existing doors to the retained buildings shall be kept and repaired unless otherwise agreed in writing by the Local Planning Authority. In the event of replacement, details, specifications and finishes of all new external doors, including frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:20 shall be approved in writing by the Local Planning Authority before the development commences. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

9 The fixtures and fittings identified within the application within the ‘Existing Listed Building Feature List’ Schedule prepared by Cartwright Pickard Architects and supported by a photographic record (Images 1-12) shall be retained, repaired, removed or relocated in accordance with that Schedule.

In order to ensure the protection of the original fabric of the Listed Building.

10 Before the development commences, the design and location of all new internal and external light fittings shall have been approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

131 In order to ensure an appropriate quality of development.

11 Details of proposals for the repair, alteration or concealment of existing signs shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

12 Details of the design and location of all new internal and external signs shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details.

13 Before the development commences, details and locations of all new decorative works shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

1. The decision to grant listed building consent and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

132 www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

INTRODUCTION

This application seeks Listed Building Consent in relation to works proposed to the Grade II Listed Sellers Wheel at 151 Arundel Street. This forms part of a wider proposal for the site comprising the renovation of the Listed Building and the construction of a new development to the rear of the site to provide new high quality office space within Use Class B1 with the flexibility for café/restaurant use on the ground floor. The full application is also to be considered by this Board in accordance with reference 09/02290/FUL.

LOCATION AND PROPOSAL

The Sellers Wheel building at 151 Arundel Street is a former cutlery works that comprised offices, warehousing and workshops with grinding rooms. It is

133 understood that the premises were occupied by the firm John Sellers and Sons, manufacturers of pen and pocket knives, razors, table cutlery and electro-plated goods from circa 1893 into the Twentieth Century. It is identified by English Heritage to be a medium sized purpose built cutlery works that is an important survivor of Sheffield’s metal manufacturing and metal working trades. It is also deemed to have a strong group value with other significant Nineteenth Century complexes in this part of the City, which characterise the distinctive industrial landscape created in Sheffield by the City’s metal trades.

Fronting Arundel Street, the building comprises a painted brick built three-storey façade with symmetrical window detailing and a highly detailed archway entrance to the courtyard. The roof shape is asymmetrical with a side gable to the northern end and a pavilion-hip to the other. This building was formerly used as a joinery works on the ground floor with the upper floors for light storage. To Brown Lane is another three-storey painted brick building with windows to the first and second floor. This element has a flat roof but it is suggested that it previously had either an additional floor or pitched roof, which has since been removed. It is built directly up to the Arundel Street frontage and was also previously occupied by a joinery works at ground floor with storage above.

The two ranges fronting Arundel Street and Brown Lane were Listed Grade II on 30th March 2007.

This application seeks Listed Building Consent for modifications to the Listed Building to enable the conversion of the retained buildings to deliver the development proposed in accordance with planning application 09/02290/FUL. The full planning application proposes the restoration and conversion of the listed ranges to Arundel Street and Brown Lane to provide office accommodation within Use Class B1 (Business) on each floor with a flexible use on the ground floor, to allow either offices or a possible A3 (café restaurant use) and the construction of a new ‘L’ shaped building to enclose the existing courtyard to Arundel Lane and adjacent to the SHU Furnival Building, which will also provide office accommodation within Use Class B1 on each floor with a flexible use on the ground floor range to allow a possible A3 use (café restaurant).

This Listed Building Consent application focuses on the works to the Listed Buildings, which effectively comprise the following: i) The restoration of the facades comprising the repair of the existing windows or like-for-like replacement where a repair is not possible and the retention of the Arundel Street board sign; ii) Retention of the archway from Arundel Street; iii) Broad retention of the internal spaces within the listed ranges and also of the special features within the building, including fireplaces, line boxes, window shutters and the vaulted ceiling to the former ground floor workshop within the Brown Lane range; iv) Removal of the staircase between the first and second floor within the Brown Lane range, to enable the provision of kitchen and W.C. facilities;

134 v) Removal of the external chimney stack on the first to second floor of the Arundel Lane range on the grounds that it is in poor condition and of no use due to the removal of the chimney stack at ground floor level.

The application will also retain the remainder of the cobbled courtyard.

The entire site falls within the CIQ Conservation Area.

RELEVANT PLANNING HISTORY

The most relevant planning history is the concurrent full planning application, which is also under consideration by this Board:

09/02290/FUL: Alterations to existing building for use as restaurant/cafe & offices (Use Classes A3 & B1) and erection of a 4 & 5-storey office building (Use Class B1), including the installation of an atrium in the courtyard.

The following planning history is also relevant:

The two ranges that comprise the former cutlery works known as Sellers Wheel were listed after the granting of the planning permission below such that a Listed Building Consent was subsequently required.

SUMMARY OF REPRESENTATIONS

The application was advertised as a development affecting a Listed Building. Three responses were received to the full planning application of which one (from the Fusion Organic Café in Butcher Works) refers specifically to the proposed Listed Building and states that the retention of the listed building is welcomed.

The following statutory consultations have also been received:

135 improvement on earlier versions of the scheme. English Heritage does have some concerns regarding the details of the interior of the Listed Building, which are presently being clarified as English Heritage have raised concerns regarding the loss of features within the building, which are actually to be retained.

The Conservation Advisory Group has also considered this application. Their formal comments were unavailable at the time of writing the report but they will be reported directly to Members at the Planning Board.

PLANNING ASSESSMENT

This is an application for Listed Building Consent in respect of proposed works to the Grade II Listed building at 151 Arundel Street to convert the existing buildings to a flexible ground floor space for use within either Use Class B1 (Office) or A3-A4 (food and drink) and the upper floors to office space within B1. The principle issue to consider in the determination of this application is the proposed works to the Listed Building; the impact of the new build element to the rear of the site on the character and appearance of the Listed Building is fully assessed in the concurrent full planning application.

Planning Policy

National planning policy guidance in respect of Listed Buildings is clearly set out in Planning Policy Guidance 15: Planning and the Historic Environment and S66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which states that in considering whether to grant planning permission for development which affects a Listed Building or its setting, the local planning authority must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

In the context of the Unitary Development Plan, Policy BE15 advises that buildings and areas of special architectural or historic interest will be preserved or enhanced and development that would harm their character or appearance will not be permitted. Policy BE19 requires that internal and external alterations and new buildings within the curtilage of Listed Buildings should preserve the building’s character, appearance and setting. These policies reflect guidance contained in PPG15.

In this case, the application proposes the sensitive conversion of the two listed ranges fronting Arundel Street and Brown Lane. Indeed, the application includes a photographic internal record of the building, a structural inspection report and a schedule of listed building features. The structural report clarifies that the existing ranges are generally in good condition although the range to Brown Lane has undergone significant historic structural alterations such that some works will be required to reinstate the structural integrity of the building. With regard to the photographic record and the schedule of listed building features, it is acknowledged that the existing structures have previously been subject to significant alterations but many of the doors and windows are original features that will be preserved within the scheme.

136 Additionally, the existing room divides will broadly be retained and historic features within the ranges, principally in terms of fireplaces, line boxes and window shutters will also be retained and repaired. The only historic features to be lost as part of this proposal comprise an existing stairwell between the first and second floor to the Brown Lane wing, which comprises a traditional stone stairwell and an existing chimney stack within the Arundel Street range. The former stairwell is not considered to be an original staircase. Furthermore, the loss of the stairwell is necessary to facilitate the introduction of toilet and kitchen facilities within the proposed office space in the part of the building that is considered least damaging to the character of the building. The loss of the chimney stack is proposed on the grounds of its poor condition and that it is not of functional use as the stack has been removed on the ground floor. Overall, it is considered that the proposed application preserves the building’s internal character and appearance; on this basis, the loss of the staircase and the chimney is also considered acceptable as it will return the building to a practical and viable re-use and the majority of features are retained and repaired. The application is therefore considered to comply with Policy BE19 and PPG15 in this regard.

Externally, the listed ranges will also be renovated. The existing windows and doors will be repaired or replaced with a like-for-like replacement whilst the external facades will either be cleaned and returned to the brickwork or re-painted. It is therefore considered that the proposed works will enhance the appearance of the building and its contribution within the CIQ Conservation Area, in accordance with Polices BE15 and BE19 of the UDP and PPG15.

RESPONSE TO REPRESENTATIONS

The concerns raised by English Heritage regarding the features within the Listed Building are addressed in the report above, which clarifies that the majority of features are to be retained.

SUMMARY AND RECOMMENDATION

This application proposes the retention and refurbishment of the Sellers Wheel at 151 Arundel Street. It proposes to restore the Grade II Listed ranges and retain the majority of historic features that lie within the buildings and to introduce new elements, such as a kitchen and W.C. facilities, to enable the practical and viable re-use of the building as an office or a café/restaurant on the ground floor. Externally, the building will also be restored in terms of the retention and restoration of windows and doors and the retention and restoration of the courtyard entrance. The renovation of this building is in conjunction with the re-development of the site to the rear with a new building that encloses the central internal courtyard as well as a new glazed atrium within part of the courtyard; this proposal is considered in the concurrent planning application reference 09/02290/FUL. In summary, the proposed works to the Grade II Listed Sellers Wheel are considered to preserve the building’s character and appearance and also its setting within the CIQ Conservation Area, in accordance with Policies BE15 and BD19 of the UDP and advice within PPG15. It is therefore recommended for approval subject to conditions.

137

Case Number 09/02228/FUL

Application Type A Full Planning Application

Proposal Erection of a 2-storey health centre, including waste compound, the erection of boundary walls with fencing above, erection of 2m high gates, associated landscaping and car parking accommodation for 33 cars and cycle parking

Location Land Between Wincobank Close And 85 Wincobank Avenue Sheffield

Date Received 16/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Blue Sky Architects

Recommendation Grant Conditionally

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Large scale details, including materials and finishes, at a minimum of 1:20 scale of the items listed below shall be approved in writing by the Local planning Authority before the commencement of development:

(a) Windows (b) Window reveals (c) Doors (d) Eaves and verges (e) Brickwork detailing

138 (f) Entrance (g) Signage strategy

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

In order to ensure an appropriate quality of development.

4 Before development commences details shall be submitted to and approved in writing by the Local Planning Authority of external lighting on the site. The centre shall not be used unless such approved details have been implemented and thereafter retained

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

5 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.

In the interests of the amenities of the locality.

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

To ensure satisfactory drainage arrangements.

7 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.

8 No development shall take place until details of the proposed means 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.

9 Surface water discharge from the completed development site shall be restricted to a maximum flow rate of 5 litres per second per hectare. Before the development is occupied written confirmation shall be given to the Local

139 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.

10 Details of the proposed underground biodiesel tank are not approved. Before development commences structural details of the tank, excavation work, the tank surround, associated pipework and monitoring system, together with a justification for an underground rather than overground tank, and risk assessment demonstrating that risks to groundwater can be satisfactorily managed, shall have been submitted and approved in writing by the Local Planning Authority. The tank shall not be used unless such approved details have been implemented and thereafter retained unless otherwise authorised in writing by the Local Planning Authority.

To reduce the risk of pollution to controlled waters.

11 At the boundary of neighbouring residential buildings, the level of noise emanating from louvres situated on the external wall plant room on the northern elevation of the building shall be at all times at least 10 decibels below the existing background noise levels, expressed in dB(A), in octave bands at such levels. Before the medical centre is used a validation test shall be submitted of the sound attenuation works that have been carried out, to demonstrate that the specified noise levels have been achieved and the results submitted to and approved by the Local Planning Authority.

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

12 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 protect the health and safety of future occupiers and users of the site.

13 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 protect the health and safety of future occupiers and users of the site.

140 14 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 into the site are free of any seeds/root/stem of any evasive plant covered under the Wildlife and Countryside Act 1981. Development shall proceed in accordance with the approved method statement.

Japanese Knotweed is an evasive plant, the spread of which is prohibited under the Wildlife and Countryside Act !981. 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.

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

In the interests of the safety of road users.

16 Before the development is commenced, full details of suitable and sufficient car parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the medical centre shall not be used unless such car parking accommodation has been provided in accordance with the approved plans and thereafter such parking accommodation shall be retained for the sole use of the development hereby permitted.

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

17 The medical centre shall not be used unless all redundant access have been permanently stopped up and reinstated to footway and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

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

18 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.

Attention is drawn to the following justifications:

141

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting BE7 - Design of Buildings Used by the Public CF1 - Provision of Community Facilities CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS67 - Flood Risk Management

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

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

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

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

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

142 3. All drainage must be passed through a suitable petrol/oil interceptor prior to discharge from the site. These matters will be covered in the Building Act submission.

4. The developer's attention is drawn to:

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

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

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

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

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

6. The applicant is advised that the predicted carbon emissions reduction required by Condition number should be measured against recognised criteria, such as the Building Regulations Target Emission Rate or other officially recognised method.

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

143 Site Location

INTRODUCTION

This proposal is for a medical centre and has been submitted by Community 1st Sheffield, a LIFT company, (Local Investment Finance Trust) which is a public and private vehicle for improving and developing frontline primary care and community facilities. It is allowing Local Authorities, NHS Primary Care Trusts, and other public sector participants to invest in new community premises in new locations. It is providing the public with modern and integrated community and health services in high quality and purpose built premises.

The existing Bluebell Medical Practice is operating in a cramped overcrowded premise with no potential for expansion and no off street parking for staff or patients. Shiregreen is an area currently undergoing extensive housing stock improvements and is the subject of a master planning exercise.

144 LOCATION AND PROPOSAL

The site is located on Wincobank Lane and consists of land formerly occupied by the Roman Ridge public house, associated car parking and hard surfacing. Land falls to the south east and there are retaining gabions, up to 2 metres high, to the north forming the common boundary with the Haythorn Place Nursing Home. This nursing home complex consists of two storey buildings two of which face the site. The area is predominantly residential in character with two storey flats to the north west at a slightly higher level than the site. Three storey flats are located at a lower level than the site to the east and are separated from it by a highway, Wincobank Close, a grass bank rising by 1metre and track leading to a substation. On the opposite side of Wincobank Lane are bungalows and a closed community hall

It is proposed to replace the existing Bluebell Medical Centre which currently is located within of a pair of early twentieth century semi detached dwellinghouses converted to the current use in 1981.

A new replacement medical centre will be erected on the former public house site and consists of a two storey building with car parking to the rear. The centre will provide a number of healthcare services and the has rooms for community use. Vehicular access is to the west side of the new building. In order to take account of the curved frontage onto Wincobank Lane the footprint of the building is slightly kinked and the western end is deeper. A dual pitched roof is proposed with gable ends and a deep overhang. To the north west corner of the rear elevation is gable ended projection. Brick forms the main facing material with a forward projecting, rendered and glazed two storey, entrance feature. The roofing material is to be a flat concrete tile. The main entrance is located on the frontage offset from the vehicular entrance. The low stone wall fronting the highway boundary is to be retained and made good east of the main entrance along Wincobank Avenue and on the eastern boundary.

Other boundary treatments will consist of a colour coated 2 metre high metal fence including gates to the site entrance.

30 car parking spaces including three disabled spaces are to be provided along the side and rear of the building. Within the car park area is bin store, generator compound and a secure multi-bicycle locker.

Landscaping areas will be located along the existing gabion retaining wall adjacent to the Haythorn nursing home and in two planting beds along the site frontage. Trees are also proposed adjacent to the rear of the building.

RELEVANT PLANNING HISTORY

None

SUMMARY OF REPRESENTATIONS

Sheffield Urban Design Panel

145

As originally proposed the building was considered to have several design features of concern which were raised by The Sheffield Urban Design Panel. The Panel felt that the eastern end of the building was more important as it is more visible from the neighbourhood centre. This should be addressed by handing the building such that the main entrance was at the eastern end of the front elevation. The need for a retaining wall, proposed along the frontage to account of changes in level, could be removed by cut and fill. The ridge of the building was considered unremitting paying little attention to local features. The double height entrance was not reflected in the internal layout of spaces. The areas of render should be more visible from the east. The need for security on openings should be considered as part of the design process. Also commented on was whether the car park had sufficient circulation and turning space.

PLANNING ASSESSMENT

Policy Issues

The site is located in a Housing Policy Area (Policy H10) in the Unitary Development Plan. In such Policy Areas community facilities and institutions (Use Class D1), which includes the use proposed in this application, are acceptable. This is subject to non residential uses not being so large or numerous that they damage the appearance and residential character of a Housing Area or cause disturbance to people living there. Development must also meet the criteria in Policy H14 ‘Conditions on Development in Housing Areas’. The proposal also concurs with Unitary Development Plan Policy CF1 ‘Provision Of Community Facilities’ which promotes the provision of community facilities particularly where they are located within the community they are intended to serve As the proposal provides health care and community facilities it meets the requirements of Policy CF1

Design Issues

New development must take into account the criteria in Policy BE5, ‘Building Design and Siting’ in the Unitary Development Plan and Policy CS74, ‘Design Principles’ in the Sheffield Development Framework Core Strategy. Both Policies require good quality development in terms of design and materials, taking into account scale, form and architectural style of surrounding buildings and distinctive features of the neighbourhood. Section (l) of Policy H14 ‘Conditions on Development in Housing Areas’ states that new development will be permitted “ provided that it would also be on a scale consistent with the residential character of the Area or meet primarily local needs..”. The scheme is also a potential landmark development within a Housing Market Renewal area. A high quality building will assist in the aims of the HMR to lift the built environment of the area.

The design of the building has been determined by the size of the site and characteristics of surrounding residential development. As the site area is restricted a two storey building was necessary to accommodate all proposed services. The gable ends and mainly brick facing materials with feature areas of render reflect characteristics of local housing design with windows mainly of a

146 domestic scale. Notwithstanding features complementing local characteristics the building is also required to a stand out in a strong and positive manner to reflect its role in providing health care services.

Comments of the Urban Design Panel have been taken into account in the amended elevations which have been submitted by the applicant. In response to the views of the Panel the main entrance has been moved to a more central position on the front elevation but relocation to the eastern end was not achievable due the existence of a strip of land with indeterminate title in front of that part of the building. Low planting will remain in that area. The window fenestration pattern to the front elevation has been amended to provide a more regular pattern and greater vertical emphasis. Double curtain walling to the entrance better reflects the internal spaces behind and the design of this element has been altered to give it a more civic feel with the removal of a the large dormer at the front of the building. The long run of brickwork walling with a pitched roof to the right of the main entrance has been broken up into three sections, breaking up the ridge line and giving the front elevation more articulation.

A further consideration has been the appearance of the eastern end elevation. As noted by the Panel, this elevation is important as it is prominent as viewed from the neighbourhood centre. It’s prominence is due to the separation of the site from flats which are set at a lower level to the east. To add extra detailing to this elevation the prominent first floor window has been enlarged.

The changes to the front elevation also result in the building being more in scale with adjoining dwellings on Wincobank Lane. There are two storey flats to the west of the site and with the fall in levels to the east, the original proposal with the main entrance with a large gable was considered out of scale with the adjoining flats. The relocated entrance results in the building roof line more reflecting the current change in levels on the street scene.

The revised scheme takes into account comments of the Urban Design Review Panel and other officer negotiations with the applicant and are considered acceptable. The proposed building, whilst reflecting local design characteristics also reflects its function, providing a community services and being elegible from the neighbourhood centre. It thus accords with Policies BE5 and H14(l) of the Unitary Development Plan and Policy CS74 of the Core Strategy.

Amenity Issues

Policy H14 (k), ‘New development in Housing Areas’ of the Unitary Development Plan reguires that, to be permitted, new development: “would also not lead to air pollution, noise,smell, excessive traffic levels or other nuisance, or risk to health and safety for people living nearby..”.

The proposal is located in relatively close proximity to flats to the east and west of the site, and a nursing home to the north. To protect the amenities of surrounding residents the footprint of the medical centre has been situated such as to provide adequate separation to prevent overlooking. There is a minimum of 21 metres

147 distance between the buildings of the Haythorn Nursing home, which is set higher than the site and the rear elevation of the centre. Screening for ground floor rooms of the nursing home is provided by wooden fence on the common boundary and most of the rooms on the rear elevation of the centre are for patient care purposes, which require, privacy restricting views in and out of these rooms.

From the three storey flats to the east, which are lower than the site, to the eastern elevation there is a minimum of 34 metres separation. The windows on the eastern elevation are mainly store rooms and toilets; there is a staff room window but the separation is far enough to prevent overlooking. West of the site are two storey flats. The separation in this case is less than to other elevations, between 14 and 16 metres but apart from a ground floor waiting room window no other window facing these flats will have an outlook as they only relate to toilets, store rooms and a high level void above the waiting room.

The scale of the amended building has been altered to reflect more the scale of surrounding residential development and is thus not considered to overdominate or overshadow those properties.

A plant room with louvres is located on the rear elevation, at first floor level of the centre. Plant can give rise to noise and the level of noise that would be acceptable at the site boundary is conditioned.

The car park and servicing entrance is set close to the existing western flats. An existing access point is being utilised which previously served the now demolished public house. The former included a rear car park which would have been used late into the evening. Although there may be more traffic using the car park during the day it will be spread through this period and not continue into the late evening. The proposal is of a totally different nature to the previous public house use, which could have given rise to noise and disturbance. A medical centre will provide benefits to the local community with improved health care services and the operation and activities at a medical centre are less likely to adversely affect the amenities of a residential area than a public house and taking the above into account the proposal is considered to accord with Policy H14 (k) of the Unitary Development Plan.

Access Issues

Policy BE7 of the Unitary Development Plan ‘ Design of Buildings Used By The Public ‘ states that: “In all buildings which are to be used by the public, provision will be expected to allow people with disabilities safe and easy access to the building and to appropriate parking spaces..” The medical centre as a community facility has been designed to provide and promote equal and convenient access for all. Building approaches and internal design will allow access for people with disabilities without segregation. It is proposed that the facilities will meet the requirements in Document M of Building Standards and also the more stringent Department of Health Design guides which sit along the Disability Discrimination Act. Three disabled parking spaces are located close to the rear entrance lobby. It is thus considered that the proposal accords with Policy BE7 of the Unitary Development Plan.

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Highways Issues

Policy H14 (d) of the Unitary Development Plan requires that new development in Housing Areas will only be permitted if : “it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians. As stated above the access will be located at the south west corner of the site on Wincobank Lane utilising an existing access to the former public house. This access is wide enough for vehicles to pass and gates to the entrance are located back from the highway to prevent vehicles waiting on the highway whilst the gates are opened. There are adequate sight lines i.e. low boundary walls and a wide footway, at the site entrance to provide safe pedestrian/vehicular intervisibility.

A total of 30 off street car parking spaces are to be provided. For the scale of the development this number of spaces is considered acceptable. At present the existing Bluebell Medical Centre has no off street spaces The site is also located on a bus route and within short distances of the communities of Wincobank and Shire Green. A Travel Plan has been submitted which indicates methods to encourage other means of travel to the site other than by car. A multi bicycle locker stall with three stands is to be provided in the rear car park area. Refuse bins are situated in the north west corner of the site at a distance from the highway that does not require a refuse vehicle to enter the site. All other servicing can be adequately accommodated on site,. The proposal thus accords with Policy H14 (d) of the Unitary Development Plan.

Sustainability Issues

Policy CS64 of the Core Strategy relates to climate change, resources and sustainable design of developments and advises that all new buildings must be designed to reduce emissions of greenhouse gases and function in a changing climate. They must be designed to use resources sustainably such that all new development over 500 square metres should achieve a BREEAM rating of very good or equivalent. Policy CS65 of the Core Strategy requires all significant development to secure the following unless it can be shown not to be feasible or viable:

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

The applicant has submitted a sustainability statement which in which the applicant has advised that the centre is being developed with a target of achieving ‘excellent’ under the BREEAM ; Healthcare assessment scheme. BREEAM has been integrated into the design process at an early stage and a significant number of features have been incorporated into the scheme.

149 In terms of energy reduction the proposal has been designed to utilise natural light and restrict mechanical ventilation. To reduce the need for energy intensive cooling methods, occupant controllable glaze and solar glazing will be utilised. A bespoke power system generating both power and heat and fueled by sustainable biodiesel sourced from waste vegetable oil) is likely to be incorporated into the centre. This system has considerable carbon savings even compared with gas- fired systems. The centre will also be installed with another renewable energy system –air source heat pumps. The building is also designed to be highly energy efficient with building enevelope materials achieving thermal insulation values (U- values) 20% better than those required by Building Regulations. It should be added that the Enviroment Agency currently objects to the bio diesel tank due to inadequate information to ascertain whether the tank would not pollute surrounding land. If not provided to the EA satisfaction prior to the application being determined such details will be conditioned. A green roof was considered as part of this development but the saving in run off water worked against the proposal to include rain water harvesting.

With all the proposed energy and emission reduction features that the applicant proposes for the development is considered that the proposal concurs with Policies CS64 and CS65 of the Core Strategy.

Flood Risk

Policy CS67 of the Core Strategy relates to flood risk management and advises that the extent of and impact of flooding can be reduced by a number of measures including the use of sustainable urban drainage (SUDS). The development is situated in an area which falls outside the flood risk area. However flow attenuation will be required to ensure that public water sewers due not overflow when excessive rain fall occurs. Surface water attenuation will be accommodated on the site. As such the proposal concurs with Policy CS67 of the Unitary Development Plan.

Ecology

A wildlife survey has been submitted mainly to investigate the presence or otherwise of protected species. The report concluded that the site consisted of 85% hard standing and no buildings or watercourse on the site. No evidence was found of bats or barn owls on the site, but the existence of Japanese Knotweed was noted, clearance of which requires a detailed method statement as the spread of such an evasive plant is prohibited under the Wildlife and Countryside Act.

SUMMARY AND RECOMMENDATION

The proposal consists of the erection of a high quality designed new medical centre, including provision for community use, with associated car parking and landscaping. It will replace a building now unsuitable to provide all the services associated with modern primary health care and has no off street parking. It will thus bring benefits to the local community. The building has been designed to complement local characteristics whilst still reflecting it’s role in providing health care. The orientation of the building’s entrance on its frontage has been amended

150 to relate closer to the centre of Wincobank. Changes to the original design of the building have been made, taking into account comments of the Urban Design Review Panel. It is intended that the development will be highly sustainable being designed to BREEAM ‘excellent’ standards and utilising renewable energy sources.

As the development will be sited in an area surrounded by various types of housing its footprint has been located, and windows placed, such as to prevent loss of privacy for both residential occupiers and centre users, whilst the bulk of the building does not over dominate or over shadow those properties. The medical centre is located well within the community it will serve. The building and its environs are designed to provide accessibility for all to a high standard. Car parking and servicing facilities adequately serve the site and do not create a highways hazard.

Taking the above into account the proposal is consistent with Unitary Development Plan and Core Strategy Policies. It is therefore recommended that the Area Board approve the application subject to the listed conditions.

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Case Number 09/02227/FUL

Application Type A Full Planning Application

Proposal Erection of a two storey teaching building, refurbishment and single storey extension to existing building and provision of associated car parking accommodation and landscaping works

Location Spring Lane College Brimmesfield Road Sheffield S2 2JR

Date Received 10/07/2009

Team SOUTH

Applicant/Agent HLM Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 Before construction works relating to the new buildings hereby approved are commenced the following samples shall have been submitted to and approved in writing by the Local Planning Authority:

i) brickwork ii) cladding panels iii) glazing iv) proposed roofing materials and/or v) proposed windows and/or vi) doors and entrances

Thereafter, the development shall be carried out using the approved materials.

In order to ensure an appropriate quality of development.

3 Before construction works relating to the new buildings hereby approved are commenced and notwithstanding the details given shown in Drawing Num. PL S(PA)17, a revised typical detailed section shall be submitted to and

152 approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved materials.

In order to ensure an appropriate quality of development.

4 Before any work relating to the hard and/or soft landscaping within the 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 soft landscaping shall include native species. 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 visual amenities of the locality.

5 Unless otherwise agreed in writing the proposed sedum roof(s) (vegetated roof system) shall be provided on the roof(s) in the locations shown on the approved plans prior to the use of the buildings commencing. Full details of the sedum roof construction and specification, together with a maintenance schedule shall be submitted to and approved by the Local Planning Authority prior to works commencing on site and unless otherwise agreed in writing shall include a substrate based growing medium of 80mm minimum depth incorporating 15-25% compost or other organic material. Herbaceous plants shall be employed and the plants shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of biodiversity.

6 The Local Planning Authority shall be notified upon completion of the sedum roof.

In the interests of biodiversity.

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

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In the interests of the amenities of the locality.

8 The development shall be carried out in accordance with the recommendations of the ‘Preliminary Ecology Report – April 2008’ and ‘Great Crested Newt Assessment June 2009’, unless otherwise agreed in writing with the Local Planning Authority

In the interests of the ecological value of the site.

9 Prior to any removal of the Japanese Knotweed present at the site a method statement shall be submitted specifying how this will be dealt with. The removal shall be carried out in accordance with the approved methodology unless otherwise agreed in writing with the Local Planning Authority.

In the interests of the ecological value of the site.

10 The surface water discharge from the site is subject to a reduction of at least 30% compared to the existing peak flow and detailed proposals for surface water disposal, including calculations to demonstrate the reduction, shall be submitted to and approved in writing prior to the commencement of development. The development shall be carried out in accordance with the approved details.

In order to mitigate against the risk of flooding.

11 Details of the drainage calculations demonstrating how the 1 in 30 year storm will remain below ground in the piped drainage network and how flooding from a 1 in 100 year storm will be contained within the site and will not flood buildings shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall be carried out in accordance with the approved details.

In order to mitigate against the risk of flooding.

12 Surface water and foul drainage shall drain to separate systems

To ensure satisfactory drainage arrangements.

13 Surface water shall not discharge into a public foul sewer.

To ensure satisfactory drainage arrangements.

14 The areas of soft landscaping within the approved development shall be include a minimum depth of 600mm of clean topsoil.

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

15 The development shall not be used unless the car parking accommodation as shown on the approved plans has been provided in accordance with

154 those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended

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

16 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.

17 At all times that demolition and construction works are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

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

18 Before the development is used, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

19 Prior to the occupation of any part of the development (school or service district offices), detailed Travel Plans, 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 Plans shall be developed in accordance with a previously approved Framework Travel Plan for the proposed development, where that exists. The Travel Plans shall include: 1. Clear and unambiguous objectives and modal split targets; 2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed,

155 3. The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the local planning authority. 4. The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets. On occupation, the approved Travel Plans shall thereafter be implemented, subject to any variations approved in writing by the Local Planning Authority.

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

20 Prior to the development being brought into use details of cycle directional signage shall be submitted to and approved in writing by the Local Planning Authority. The signage shall be erected on site prior to the development into use unless otherwise agreed in writing by the Local Planning Authority.

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

21 The two mobility parking bays shall be laid out, each with access bays to either side.

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

22 Prior to the development being brought in to use details of hand rails shall to the pedestrian access from Spring Lane shall be submitted to and approved in writing by the Local Planning Authority. The approved rails shall be installed prior to use of the development being used and permanently retained thereafter unless otherwise agreed in writing with the Local Planning Authority.

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

23 Unless otherwise authorised in writing by the Local Planning Authority, the development must be carried out in complete accordance with the following approved documents:-

243979/ELO/SL/001 Rev 01 PL _ VO - ZZ - E - NGB - DR - 63E01 Rev O PL _ VO - ZZ - E - NGB - DR - 64E01 Rev O PL _ VO - ZZ - D - MOT - DR - 00001 Rev P3 PL _ A (PA) 01 Rev A PL _ A (PA) 02 Rev A PL _ L (PA) 22 Rev A PL _ A (PA) 03 Rev A PL _ A (PA) 04 Rev A PL _ A (PA) 05 Rev A PL _ A (PA) 21 Rev A PL _ A (PA) 06 Rev A PL _ A (PA) 11 Rev A PL _ A (PA) 12 Rev A PL _ A (PA) 13 Rev A

156 PL _ A (PA) 14 Rev A PL _ A (PA) 15 Rev A PL _ A (PA) 16 Rev A PL _ A (PA) 17 Rev A PL _ A (PA) 18 Rev A

In order to define the permission.

Attention is drawn to the following justifications:

BE5 - Building Design and Siting BE7 - Design of Buildings Used by the Public H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas LR5 - Development in Open Space Areas CF1 - Provision of Community Facilities CS47 - Safeguarding Open Space CS43 - Schools CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS74 - Design Principles

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

2. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

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

Site Location

158 LOCATION AND PROPOSAL

The application site is located to the south of Spring Lane, and to east of Brimmesfield Road. It currently includes existing school buildings, comprising a two storey block, mainly including accommodation across one of the floors due to the levels at the site. There is also a one storey arts and technology block to the north of the college building. The main buildings at the site currently accommodate the existing Pupil Referral Unit and District Service Offices.

The Sheffield Unitary Development Plan (adopted 1998) shows the majority of the site as within a Housing Area. A small element is designated as Open Space Area.

The proposal includes the following elements:

- two storey extension to the north elevation of the existing building - single storey extension toward the south of the existing building - landscaping works to provide car parking provision (33 spaces) and external learning/social areas - refurbishment works to the existing buildings

The proposed works would allow three services to be provided at the site, which are currently located at different sites across Sheffield. These would be Key Stage 3, Key Stage 4 facilities and the Hospital and Home Education Service. The Service District Office would be relocated to the existing, detached arts and technology block. The vehicle / pedestrian access would be from the existing access point on Spring Lane.

The proposals form part of the Building Schools for the future (BSF) programme.

RELEVANT PLANNING HISTORY

There is no planning history relevant to the current application.

SUMMARY OF REPRESENTATIONS

Following neighbour notification no written representations have been received.

The Urban Design Review Panel commented on the scheme at a pre-application stage. The comments can be summarised as follows:

- The continued use of the original building is welcomed. The original building has many interesting features including the form and circulation, the stair towers and entrances. - Intention to reopen two original entrances to enable new pupil entrances facing the car park was welcomed; but felt to be essential that these are clearly visible from the central position approach.

159 - Improvements to landscape were felt to be critical to improve general landscape. The space between the two stair entrances to allow it to be treated as a pedestrian piazza, making it a more welcoming space. - The need to provide a welcoming approach is noted, and this was felt to have been successfully achieved. Styling of the new building is felt to be critical in achieving this outcome. - Concern that the issue of sustainability has not been properly addressed.

PLANNING ASSESSMENT

Land Use Policy

The application site is located within a Housing Policy Area under the provisions of the adopted Sheffield Unitary Development Plan. As such the following policies are relevant. Policy H10 states that Community facilities and Institutions such as schools are acceptable, subject to the provisions of Policy H14.

Additionally, the following UDP policies are relevant:

- BE5 ‘Building Design and Siting’ - BE7 ‘Design of Buildings used by the Public’ - H10 ‘Development in Housing Areas’ - H14 ‘ Conditions on Development in Housing Areas’ - CF1 ‘Provision of Community Facilities’ - LR5 ‘ Development in Open Space Areas’

The Sheffield Development Framework –Core Strategy includes the following policies which are of relevance:

- CS43 ‘Schools’ - CS64 ‘Climate Change, resources and Sustainable Design of Developments’ - CS65 ‘Renewable Energy and Carbon Reduction’ - CS74 ‘Design Principles’

Sustainability

Following discussions with the BSF sustainability team, it is understood that the 10% renewable/low carbon energy requirement contained within Policy CS65 cannot be met at present due to Government-imposed budgetary restrictions, but that there is a Government commitment to ensuring all schools are carbon neutral by 2016. Therefore, it is likely that renewable/low carbon energy will be retro-fitted to schools as part of this commitment. Although a contribution to an off-site carbon reduction scheme is required in cases where renewable/low carbon energy is not feasible or viable, this will not be pursued in the case of BSF schools due to the commitment to make them carbon neutral in the future.

In addition, most schools will be able to surpass the requirement for 20% carbon emission reduction, achieving as much as 60% in new build schools. The schools will also achieve a BREEAM Very Good rating, which satisfies policy CS64: Climate Change, Resources and Sustainable Design of Developments.

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Overall, the proposed approach will make a significant contribution to reducing the carbon footprint of the BSF schools, and to creating environments where the importance of environmental sustainability can be fully understood by future generations. On this basis it is considered that the concerns raised by the Urban Design Panel are addressed.

Community Facility / School Enhancement

UDP Policy CF1 states that the provision of community facilities which are readily available to all Sheffield people will be promoted, particularly where they would: a. be for disadvantaged people, or b. be located where there is a shortage and would: c. be easily accessible by public transport d. be located within the community they area intended to serve

There is currently limited use of the facilities outside of school hours. It is expected that the design of the new facilities will enable community use provision in a secure manner.

Policy CS 43 from the Core Strategy is also relevant; and states; Provision of sufficient modernised education facilities will include amongst other things: a. the redevelopment and refurbishment of all secondary schools and significant investment to upgrade some primary schools

The facilities proposed would enhance the capabilities of the Education Service to deal with pupils having particular learning requirements, as these facilities would be brought onto one campus and be provided with modern facilities tailored to the needs of the pupils and users. The extension works and the refurbishment works would represent substantial modernisation which would also enable the improvement of the facilities available at the site, and within the City as a whole.

On this basis policies CF1 and CS43 are considered to be satisfied.

Layout and Design

Policy H10 states that Community Facilities and Institutions are acceptable in this area, subject to the provisions of policy H14, which states amongst other things that development is acceptable where: a. new buildings and extensions are designed and would be in scale and character with neighbouring buildings 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

161 e. it would not suffer from unacceptable air pollution, noise or other nuisance or risk to health or safety

For non-housing uses the development should: i. occupy only a small area and not lead to a concentration of non-housing uses which would threaten the residential character of the Housing Area k. not lead to air pollution, noise, smell, excessive traffic or other nuisance, or risk to health and safety for people living nearby l. be on a scale consistent with the residential character of the area or meet primarily local needs

There is currently an education provision at the site and school facilities are a normal feature within housing areas. Therefore, the extensions would not lead to non-housing uses threatening the residential character of the neighbourhood. There is no expectation that the expanded facilities would lead to additional noise or detrimental impacts. Any additional vehicular movement would not be sufficiently significant to cause neighbours amenities to be harmed. On the basis of these points the relevant elements of Policy H14 are considered to be satisfied.

The proposed two storey building would be flat roofed, and use a cladding system at the 1st floor level, with brick below. The flat roof facilitates the provision of a sedum roof. The design is clearly modern and contemporary in appearance, however, this would not conflict with the existing building or any of its features. It would be positioned so to preserve views of the valuable features of the existing building and to enhance the prominence of its entrance points. It is considered that the comments of the Urban Design Review Panel have been addressed and that the proposal would be satisfactory in this regard. Overall, the proposed two storey extension would be considered to be in keeping with the scale and character of the existing building.

The one storey extension element would much more closely replicate the appearance of the existing building. It would incorporate a pitched roof, and its materials would match that of the existing building. The single storey extension would be considered to follow the character of the existing building and to be acceptable.

Overall, the proposed works are in scale and character with the existing building and the locality, satisfying the relevant elements of UDP policy H14 and Core Strategy policy CS 74.

The proposed extensions would not lead to the potential for overlooking or overbearing impact on local residents that would be any greater than arises from the existing buildings. On this basis the proposal would be considered to avoid a harmful impact on the amenities of neighbouring occupiers. The courtyards would provide external learning/social areas. The majority of these would be located in positions away from neighbouring dwellings. One of these spaces is in closer proximity to the dwellings on Craddock Mews. However, it should be noted that this consent would not be needed to currently use this space as an external play area. The area would be relatively limited in size and would not

162 enable outdoor games. It is not expected that it would allow the generation of substantial noise, and therefore it is considered that neighbours’ amenities would not be compromised by the proposal. Therefore, the proposal is considered to satisfy the provisions of H14 in this regard.

Open Space Issues

Policy LR5 prevents development in Open Space Areas amongst other things where it would make an open space ineffective as an environmental buffer, where it would result in over-development or harm the character of an area and/or where it would be incompatible with surrounding land uses.

Policy CS47 of the Core Strategy states development in open space will not be permitted where, amongst other things:

- it would result in a quantitative shortage of either informal or formal open space in the local area - people in the local area would be denied easy or safe access to a local park or smaller informal open space

The proposal would utilise a small amount of open space currently grassed, and re-landscape it. It was not previously used by members of the public. It would not lead to the loss of any open space, but upgrade it to make it more usable by the users of the facilities at the site. On this basis the proposal is considered to comply with the requirements of the above policies and therefore acceptable as a result.

Highways

The proposal includes the provision of a 33 bay parking area, which would be accessed from Spring Lane using the existing vehicular access point. The proposed development at the site would be expected to accommodate approximately 65 full time equivalent staff members allied to Education purposes, and a further 35 associated to the Service District Health staff. Due to the nature of the Service District Office staff’s work, typically between 17 and 20 would be present at any one time.

The existing parking area at the school includes 39 parking bays, serving approximately 30 full time equivalent staff members.

Regional Spatial Strategy (RSS) parking guidelines for school facilities specify that 1 space per 2-4 staff should be provided. The site is located in a very accessible location, being adjacent to a tram stop and multiple main bus routes. Therefore, it is reasonable to expect that a reasonable number of school staff would use public transport facilities.

Of the Service District Offices staff, time is mostly spent supporting children, young people and their families in Arbourthorne, Manor and Darnall. The office premises provide administration, resource backup, professional meeting space and leadership/management support. Since the majority of the service delivery is out in the community, it is considered that the parking demands occurring simultaneously

163 from the service would be able to be managed by supervisors so to be limited. Based on these details, it is considered that the parking proposed would satisfy the RSS requirement of 1 space per 2-4 staff.

Any on-street parking which would be generated would not be significant, and would not have a detrimental impact upon highway safety within the vicinity to the application site. There may be particular occasions when the parking which is available exceeds the level of off-street parking available. In these instances it is proposed that an existing hardsurfaced area accessed from Craddock Road could be utilised to address this shortfall.

A Travel Plan has been submitted with the application, however this will need to be enhanced and be subject to a programme of monitoring and review as part of any consent which may be granted. This can be achieved through an appropriate condition.

The proposal is considered to satisfy the provisions of UDP policy H14(d), which seeks for proposals to give safe access to the highway network with appropriate off-street parking.

Access Issues

UDP policy BE7 states that "buildings to be used by the public, provision will be expected to allow people with disabilities safe and easy access to the building an appropriate parking spaces. The provision of other facilities for people with disabilities or with young children will be encouraged, including: a. safe and easy access within the building and between floors, and b. toilet facilities, and c. facilities for people with young children and for elderly people including, where appropriate, childcare and baby changing facilities and seating; and d. siting and design so that they are easily accessible to public transport users

Following negotiation the proposed development has been amended so to provide an environment which is satisfactory in relation to the above policy. Conditions will be required to require installation of appropriate arrangements.

Ecology

A preliminary Ecology Report was undertaken, and concluded that there were not any potential negative effects arising from the proposal. Comments were made about the presence of Japanese Knotweed within a limited area of the site owing to the presence of a pond within the existing courtyard. It is recommended that this should be dealt with in the manner as per the Environment Agency’s Code of Practice.

A further survey was carried out, dealing with a potential Great Crested Newt presence within the site. This work identified no great crested newts at the site; however, smooth and palmate newts, and common frogs and toads were recorded.

164 These species are protected only to prevent sale, barter, exchange etc rather than due to an endangered status.

The proposed development will not lead to any harmful ecological implications. The recommendations outlined within the Ecological Reports should be incorporated into the development at the site. It is also recommended that landscaping is undertaken using native species.

Other Issues

In Landscaping terms the proposal would involve the removal of one tree within the vicinity of the proposed access. This would not have a detrimental impact upon the street scene or visual amenity of the area, and would therefore be acceptable. Further details of soft landscaping and the sedum roof would be required by condition within any consent which would be granted.

The proposal would be required to reduce the level of surface water run-off by 30% in order to limit the level of water which is discharged to the public sewer. The Environment Agency indicate that a 1 in 30 year storm should be capable of being contained below ground level, as outlined within the submitted Flood Risk Assessment.

In regards to Land Contamination issues, it is considered that the proposal would not lead to any concerns. The building covers the main area of concern, and prevents any detrimental impacts. It is recommended that either the soft landscaping area is subject to sampling in line with the existing Phase 1 and Phase 2 information or the areas of soft landscaping areas should be covered by a minimum of 600mm clean topsoil. Overall, subject to this issue being dealt with by condition the proposal is considered to be satisfactory in relation to land contamination issues.

SUMMARY AND RECOMMENDATION

The application relates to the existing school site at Spring Lane / Brimmesfield Road, and seeks consent to carry out extension works. This would include a new two storey building linked to the existing, and a single storey element added to the existing building.

The proposed building works would complement the character of the existing school building. It would have an acceptable impact upon on-street parking within the vicinity. The surroundings to the building and the internal arrangements are satisfactory in terms of access requirements. The ecological implications of the proposal would be considered as being acceptable.

Overall, the proposal is considered to satisfy the requirements of the relevant Adopted Unitary Development Plan and Core Strategy policies. The proposal is therefore considered to be acceptable and approval subject to conditions is recommended.

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Case Number 09/02149/FUL

Application Type A Full Planning Application

Proposal Removal of damaged public art glass work and replacement with temporary public art display comprising of printed vinyl film applied to glass

Location Persistence Works 21 Brown Street Sheffield S1 2BS

Date Received 02/07/2009

Team CITY CENTRE AND EAST

Applicant/Agent Yorkshire Artspace Society Ltd

Recommendation Grant Conditionally

Subject to:

1 The artwork shall be removed on or before the 1st of October 2014 unless otherwise agreed in writing by the Local Planning Authority.

In the interests of securing a permanent artwork replacement and in the interests of the amenities of the locality.

2 Prior to the vinyl artwork being removed details of permanent replacement artwork shall be submitted to and approved by the Local Planning Authority. The approved permanent artwork shall be implemented within 2 months of the vinyl being removed

In the interests of securing a permanent artwork replacement and in the interests of the amenities of the locality.

Attention is drawn to the following justifications:

1. The decision to grant planning and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

BE5 - Building Design and Siting BE12 - Public Art BE16 - Development in Conservation Areas

166 and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

167 Site Location

LOCATION AND PROPOSAL

Persistence Works is located close to the junction of Brown Street, Furnival Street and Sidney Street in the Cultural Industry Quarter Conservation Area. It is used as artists’ studios and workshops with exhibition space. The building design is contemporary and faced in cast concrete with substantial areas of glazing. Public art was incorporated in the development in the form of a lighting scheme, mosaic and floating glass wall.

The floating glass wall was a major feature of the Brown Street elevation. It consisted of a series of cast glass panels approximately 30m long and 2.5m high and was commissioned from the artist Jeff Bell. It projected approximately 200mm from the face of the building and was mounted over a toughened glass back panel which was lit from behind with fluorescent tubes through a layer of cutlery blanks. Following damage to the panels, a professional investigation in to the fitness for purpose of the artwork was undertaken. This led to the glass being removed for public safety reasons. The removal of the cast glass has left unsightly lighting,

168 backing foil and cutlery banks visible for a substantial section of the Brown Street elevation, behind the toughened glass panels. Yorkshire Artspace has been unable to fund the replacement of the cast glass.

The removal of the approved art work and its replacement with vinyl panels, behind the toughened glass panels, is a significant variation to the approved scheme and therefore requires planning permission.

Yorkshire Artspace has used funding from the Arts Council England, Yorkshire and the Esmee Fairbairn Foundation to produce artwork, which will take the form of vinyl panels that will be applied to the back of existing toughened glass projection and obscure the unsightly lighting, foil etc. The artwork has been produced by Robert Casselton Clark, an artist in residency, following a selection process agreed by a panel. The artwork consists of 24 images on white panels with 3 panels of text relating to the images. The vinyl will be applied at the rear of the existing glass and therefore will be protected from damage. It will have a lifespan of not more than 5 years, the applicant’s long term aim is to commission a permanent art work, but this will be dependant on securing a significant element of public funding.

RELEVANT PLANNING HISTORY

Planning permission was granted for the erection of a fine art and craft studio complex with public open space and provision of a route to Shoreham Street in August 1999, planning permission 99/00928/FUL.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy.

Unitary Development Plan policy BE12 states that ‘the provision of works of public art in places which can be readily seen by the public will be encouraged as an integral part of the design of major developments’. The commentary on the policy states that works of art can make a positive contribution to the environment by giving buildings a unique identity. This will help to create a sense of space, add to the character of the neighbourhood and promote the image of the City.

This policy encourages the proposal provided the art is integrated with the development.

Policy BE5 states that good design and the use of good quality materials will be expected in all new and refurbished buildings.

The site falls within the Cultural Industry Quarter Conservation Area. Policy BE16 states that in conservation areas permission will only be given for proposals which would preserve or enhance the character or appearance of the conservation area.

169 Design Issue

The key issue to be considered is the impact of the proposal on the design of the building and the character of the conservation area.

The removal of the cast glass has exposed the unattractive backing elements of the original sculpture. These detract from the appearance of the Brown Street frontage and therefore also the conservation area. Screening the unattractive elements will benefit the appearance of the building.

The proposed art work is of the same dimensions and in the same location as the art work that has been removed. The original artwork was a craft piece with some textural variation and appeared as a single entity which had a strong horizontal emphasis. The current proposal comprises of individual images and text which appear to create a stronger vertical rhythm and have a more busy appearance than the original piece. The vinyl panels are the same size as the original cast glass panels. The cast glass panels integrated well with the glass façade to which they were fixed. It could be argued that the coloured vinyl panels integrate less successfully because of the contrasting colours and more vivid images. There are clearly differences in the appearance of the proposed art work to that originally approved. However it is not considered that these differences are so great that they can be considered to be harmful to the appearance of the building or the character and appearance of the conservation area.

Some people may regard the content of the artwork disquieting and that it is more appropriate for display within a gallery rather than on a prominent street frontage. However it is well established that it is not the role of the planning process to arbitrate on matters of taste or moral considerations. Previous planning appeals have concluded that art is a matter of individual taste and the planning system should not arbitrate between what is good and what is bad art. It should also be noted that the artwork is sited in the Cultural Industry Quarter next to a contemporary art gallery.

In this case the artwork was commission by Yorkshire Artspace Society Ltd a nationally respected arts organisation supported by The Arts Council and other public funding bodies. The artwork was commissioned through a process that involved a number of art professionals including representatives of the SCC Off the Shelf Festival. The Off the Shelf festival subsequently withdrew from the project due to funding issues.

The applicants desire to replace the removed art work should be welcomed. Their difficulty in funding a permanent replacement is acknowledged. Whilst the proposal for images on vinyl panels is not as high quality as the original artwork it will improve the appearance of the existing frontage by screening the fittings and equipment associated with the original art work.

SUMMARY AND RECOMMENDATION

There are some reservations about how well the proposed artwork integrates with the existing building. However these reservations are not considered to be

170 sufficient to justify resisting this proposal for a temporary period. Given that the site was previously occupied by art work of the same scale as that proposed it is concluded that it will preserve the character of the conservation area. The vinyl panels will screen the equipment associated with the former artwork and make a distinctive contribution to the area. It is not the role of the planning process to judge on matters of taste relating to the content of the artwork. It is therefore recommended that consent be granted for the replacement artwork for a period of 5 years.

171

Case Number 09/01907/FUL

Application Type A Full Planning Application

Proposal Use of kiosks as a coffee shop with outside seating area (use class A3)

Location Kiosk 5 & 6 The Moor Sheffield S1 4PF

Date Received 22/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent JKM Building Design Limited

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above-mentioned purpose only between 0700 hours and 1800 hours Mondays to Saturdays and only between 1000 hours and 1700 hours on Sundays or Public Holidays.

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

3 No refuse bins associated with the use shall be stored on The Moor at any time. Unless otherwise endorsed in writing by the Local Planning Authority, the refuse bins shall be stored as described on the submitted application forms.

In the interests of the visual amenities of the locality.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core

172 S10 - Conditions on Development in Shopping Areas CS17 - City Centre Quarters CS18 - Shopping in the City Centre

and to all relevant material considerations, including Supplementary Planning Guidance.

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. Prior to commencing works, the applicant must obtain a licence from Sheffield City Council’s ‘Team Manager for Highway Regulation and Coordination’ to permit the placing of the proposed furniture on the highway. Please telephone Sheffield (0114) 273 4382.

173 Site Location

LOCATION AND PROPOSAL

The application site relates to the former Bandstand on The Moor, which has been converted and used as 2 retail units. The units, known as Kiosks 5 and 6 are located mid way down The Moor, positioned centrally within the pedestrianised public space. The site is bounded by a parade of A1 retail units along the east and west, which also includes a number of vacant units, and to the west is the junction of Rockingham Gate and The Moor.

The building, which is single-storey, has a powder coated, dark green finish, metal exterior with a distinctive tiered roof. The building is predominantly glazed with vertically orientated windows, some of which are blanked out. Access into the units is gained via 2 single entrances from the west and a pair of fully glazed doors exist to the north and south. Four lighting columns exist at each corner of the building. Immediately adjacent to the building, to the north and south, are public external seating areas, which includes 4 modern sculptures, a number of trees and

174 bin facilities. The extent of the site is delineated by paving which contrasts with the general paved areas where pedestrians walk.

Planning permission is sought to change the use of 2 units to form a coffee shop with outside seating area (Use Class A3).

RELEVANT PLANNING HISTORY

Planning application ref no. 01/10548/CHU – Alterations and change of use to form 2 shop units – Granted Conditionally - 3rd May 2002.

Planning application ref no. 06/04910/FUL – Demolition of existing buildings and erection of 8/14/27 storey residential blocks fronting Charter Row, enclosed 4 storey entrance stairwell fronting The Moor with two further recessed storeys respectively. Incorporating retail usage, offices and 36 live/work units – as per amended plans received 19.10.2007, multi-storey car park (MSCP), communal roof gardens, new public realm to the Moor and partly to Charter Square, ground floor commercial unit fronting Charter Square – Granted Conditionally subject to completion of a Legal Agreement – 21st February 2007.

SUMMARY OF REPRESENTATIONS

No letters of representation have been received in respect of this application.

PLANNING ASSESSMENT

Land Use Policy

The application site lies within the Central Shopping Area, as defined in the Unitary Development Plan and as such, Policies S3 and S10 are applicable.

UDP Policy S3, which relates to development within the Central Shopping Area, states that shops (Class A1 use), offices used by the public (Class A2 use), food and drink establishments (Class A3 use), which are now Class A3, A4 and A5, and housing are preferred uses within the City Centre. The proposal involves a change of use, from Retail (Use Class A1) to a coffee shop with outside seating (Use Class A3), which is an acceptable use, in accordance with Policy S3.

In respect of UDP Policy S10, section (a) would be relevant. The Policy states that a change of use would be acceptable provided that it would not lead to a concentration of uses which would prejudice the dominance of preferred uses in the Area or its principal role as a Shopping Centre. The Moor is dominated by retail uses and there is sufficient retail uses within the shopping centre, such that it is considered that the proposed use would not undermine the dominance of retail uses within the Retail Core, thus would ensure the vitality of the Shopping Centre is maintained.

Furthermore, the recently adopted Sheffield Development Framework Core Strategy (March 2009) supersedes the Unitary Development Plan in respect of this area as the Central Shopping Area. Of particular relevance are Policies CS17 and

175 CS18 of the Core Strategy, which relate to City Centre Quarters and Shopping in the City Centre respectively. Policy CS17 (e), which refers to The Moor, does define the Quarter as a linear retail area anchored by several major stores and the location for the new indoor market. The Quarter is also identified as an area where there is considerable potential for mixed office and residential uses and where major changes would be experienced. The Policy acknowledges that a wider mix of uses would be acceptable in the area. Although the Policy does not specifically refer to A1 uses being encouraged, it does refer to the distinctive and fundamental roles of different quarters of the City Centre being consolidated and strengthened. The Moor clearly has a vibrant and pre-dominantly retail function and in consolidating the role of The Moor, the re-use of this vacant building, as a coffee shop would add to the vitality and viability of the Shopping Centre.

Policy CS18, identifies priority areas within the City Centre for shopping, which are not as extensive as in the Unitary Development Plan. The area in which the kiosks are located do not fall within the Primary Shopping Area but at the approach to the Primary Shopping Area, where it would be expected for ground floor frontages to be in retail use. Although this would suggest that the proposed use, Class A3, would not accord with this Policy, the Policy does go on to state that The Moor would continue to develop its shopping role as part of its wider mix of uses. This building and a number of other buildings within the immediate vicinity have been vacant for some time and the re-use of this building as a Coffee Shop, with ancillary outdoor seating, would greatly benefit the area by encouraging activity to this section of The Moor, which would serve to compliment the existing retail uses in the area.

Effect on Residential Amenities

As the proposal involves a change of use, UDP Policy S10 applies. Of particular relevance is be section (b) which states that residents or visitors in any hotel, hostel, residential institution or housing should not suffer from unacceptable living conditions, including air pollution, noise, other nuisance or risk to health or safety.

The proposal involves using the existing premises as a coffee shop, with two ancillary external seating areas situated to the north and south, which would provide a total of 36 covers. The coffee shop would operate between the hours of 0700 hours and 1800 hours, Mondays to Saturdays, and between 1000 hours and 1700 hours on Sundays and Bank Holidays. The coffee shop would clearly operate during daylight hours and would therefore not raise any concerns associated with unsociable hours of operation.

A sample menu has been submitted which, comprises a variety of breads, cheeses, meats, salads, dressings, soup and hot and cold drinks. The food would be transported to the premises already prepared or nearly cooked. Some food preparation would take place within the building and the type of equipment used would include Bain Maries, fan assisted electric oven, and conveyor toasters. The extent of the equipment proposed is such that no fume extraction system would be required.

176 Given the location of the premises, within the Central Shopping Area and the fact there are no immediate residents, the level of noise and activity associated with the type of operation proposed is unlikely to have any serious amenity implications. The proposed development is low key, and any noise generation would be created by equipment operating within the building, which is more of a domestic scale, and from customers visiting the premises. The noise levels would not be significant and would be to a level that would be expected within a shopping area. The Environmental Protection Service have no objections to the proposed development, such that the imposition of conditions have not been recommended.

In light of the above, the proposed development is considered acceptable and would comply with UDP Policy S10.

Access

No external alterations are proposed. Entry into the building would be via the north and south entrances, where there is already a level access. The existing width of the entrance door is 850mm, which accords with current disability guidance. An wc would also be provided within the building, but would require modification in order to meet current British Standards.

Bin Storage Arrangements

No on-site bin facility would be provided, by virtue of the site’s location. Waste would be deposited in waste bins contained within a communal area which is located in Rockingham Close.

Highway Issues

Policy S10 (f) states that a change of use would be permitted provided that it would be adequately served by transport facilities and provide safe access to he highway network and appropriate off-street parking and not endanger pedestrians. The site is highly accessible owing to its City Centre location, and is therefore well served by public transport.

The extent of the site is denoted by paving which contrasts with the standard paving where there is general foot traffic. The proposed seating areas are positioned such that they lie within the delineated area and would not conflict with either the general flow of pedestrians or prevent people using the existing seated areas. It is therefore considered that given the above, the proposed development would comply with Policy S10.

SUMMARY AND RECOMMENDATION

The site is located within the Central Shopping Area and the proposed use as a coffee shop with ancillary external seating (Use Class A3) would be in accordance with UDP Policy S3. Although the proposed use would not be wholly in accordance with Policies CS17 and CS18 of the Core Strategy, the use would serve to compliment the existing retail uses in the area, would promote the vitality of the area, and would re-use an otherwise vacant building.

177

There are no residents within the immediate vicinity and the degree of noise and activity resulting from the proposed development is unlikely to be significant and given that the proposal would not raise any serious highway concerns, it is on this basis, that the application is considered to accord with Policy S10.

The proposed development is considered acceptable and as such, the application is recommended for approval.

178

Case Number 09/01898/LBC

Application Type Listed Building Consent Application

Proposal Use of unit as private party venue (Use Class D2), provision of gates and erection of a 2 metre high boundary wall (Amended Plans Received 22/09/09)

Location Britannia Steelworks Furnival Road Sheffield S4 7YA

Date Received 19/06/2009

Team CITY CENTRE AND EAST

Applicant/Agent Stuart Fenton-Coopland

Recommendation Grant Conditionally

Subject to:

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

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

2 This development shall be carried out in complete accordance with the approved plans Drawing No: 7YA/002/A2 Sheet 1 (excluding site plans) and Drawing No: 7YA/002/A2 Revision 3 Sheet 2 unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

4 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 before the commencement of development:

(a) Window shutters (b) Main entrance doors

179 (c) Entrance gates (d) Safety bollards

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

In order to ensure an appropriate quality of development.

5 Details of the new internal floor structure and its abutment with the existing building structure shall be approved in writing before the development commences.

In order to ensure an appropriate quality of development.

6 The abutment of new walls to the Listed Building shall not be bonded into existing walls by removing existing masonry unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the protection of the original fabric of the Listed Building

7 A sample panel of the proposed masonry (including the 2m high brick wall) shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

8 Full details of the proposed independent insulated wall and ceiling skin which is proposed to form the new internal acoustic lining shall be submitted to and approved in writing before the development commences.

In order to ensure the protection of the original fabric of the Listed Building

9 Details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the provision of natural and artificial lighting shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

10 Details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting)

180 shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

11 Details of the design and location of all new internal and external signs shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

12 The external brick skin elevations of the building shall not be painted.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings

and to all relevant material considerations, including Supplementary Planning Guidance.

This informative is intended as a summary of the reasons for listed building consent. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your-city- council/council-meetings/planning-boards

Attention is drawn to the following directives:

1. Failure to carry out this development in accordance with the approved plans may result in enforcement action. Please contact the Planning Department if you wish to amend any design or specifications for your proposed development.

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.

181

Site Location

For report see 09/01532/FUL

182

Case Number 09/01532/FUL

Application Type A Full Planning Application

Proposal Use of unit as private party venue (Use Class D2), provision of gates and erection of a 2 metre high boundary wall (Amended Plans Received 22/09/09)

Location Britannia Steelworks Furnival Road Sheffield S4 7YA

Date Received 18/05/2009

Team CITY CENTRE AND EAST

Applicant/Agent Stuart Fenton-Coopland

Recommendation Grant Conditionally

Subject to:

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

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

2 Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987, or any statutory instrument revoking and re-enacting that Order, the building shall be used solely for the use hereby permitted and shall not be used for any other purpose within Class D2.

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

3 This development shall be carried out in complete accordance with the approved plans Drawing No: 7YA/002/A2 Sheet 1 (excluding site plans) and Drawing No: 7YA/002/A2 Revision 3 Sheet 2 unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

183 In order to ensure an appropriate quality of development.

5 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 before the commencement of development:

(a) Window shutters (b) Main entrance doors (c) Entrance gates (d) Safety bollards

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

In order to ensure an appropriate quality of development.

6 A sample panel of the proposed masonry (including the 2m high brick wall) shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

7 Details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

8 The external brick skin elevations of the building shall not be painted.

In order to ensure an appropriate quality of development.

9 No live music or amplified sound shall be played within the building unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall: a) Be based on the findings of an approved noise survey of the application site, including an approved method statement for the noise survey, b) Be capable of restricting noise breakout from the building to the street to levels not exceeding: (i) the background noise levels by more than 3 dB(A) when measured as a 15 minute Laeq,

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

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

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

10 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.

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

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

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

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

12 The building shall be used for the above-mentioned purpose only between 2100 hours and 0600 hours on any day.

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

13 The building shall not be used for the above-mentioned purpose unless a level threshold has been provided to the main entrance.

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

14 No development approved by this permission shall be occupied until a scheme for the provision of flood proofing techniques set no lower than 46.56 metres above Ordnance Datum has been submitted to and approved

185 in writing by of the Local Planning Authority. The scheme shall be incorporated in to the site health and safety file in accordance with the approved details.

To reduce the damage caused by flooding, as recommended by the Flood Risk Assessment submitted with the application.

15 No development approved by this permission shall be occupied until a scheme for the provision of an evacuation plan has been submitted to and approved in writing by of the Local Planning Authority. The scheme shall be incorporated in to the site health and safety file in accordance with the approved details.

To provide safe evacuation during flood events and reduce reliance on emergency services, as recommended by the Flood Risk Assessment submitted with the application.

Attention is drawn to the following justifications:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas BE7 - Design of Buildings Used by the Public BE15 - Areas and Buildings of Special Architectural and Historic Interest BE19 - Development affecting Listed Buildings CS47 - Safeguarding Open Space

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

2. From the 6th April 2008, the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 2008 require that all

186 requests for confirmation of compliance with planning conditions require a fee payable to the Local Planning Authority. An application to the Local Planning Authority will be required using the new national standard application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk. The charge for this type of application is £85 or £25 if it relates to a condition on a householder application for development.

Site Location

LOCATION AND PROPOSAL

The application relates to a building that is an industrial unit, currently used to store scrap metal which falls in use class B8. It is one unit within a complex of 5 separate units, all constructed from brick with a corrugated roof. The subject unit is a single storey structure with some external architectural detailing, which comprises:

1. A pair large timber double doors – set within a recess – on the North West facing front elevation;

187 2. A small window – of a design typical of a metal trades building – on the North West facing front elevation (to the right of the timber doors); 3. A small window – of a design typical of a metal trades building – on the South East facing rear elevation; and 4. Brickwork detailing on the front and rear elevation – comprising projecting brick columns which terminate several brick courses below the building’s eaves level.

The entire Brittania Works site, bounded by Effingham Street, Furnival Road and Sussex Street is covered by Grade II listed building status. The list description focuses on a crucible workshop located within the workshop to the west of the application site, however the attached buildings are a) ancillary to the crucible workshop, b) they were built before 1948, and c) they are attached to the crucible workshop. Therefore, they are curtilage buildings and are all covered by the listing; this includes the application property.

The surrounding street scene consists of low rise buildings which are also constructed from corrugated metal and brick. The surrounding uses vary – the attached property to the North is a massage and health studio (see ‘Planning History’) whilst the attached property to the south and west comprise mechanical uses, including the Spitfire Graveyard and German Auto Spares. To the rear of the site, the Grade II listed Wicker Arches are visible.

The applicant is seeking both planning permission and listed building consent to change the use of the building into a private party venue (Use Class D2). The application comprises some minor alterations to the external parts of the building with the main works proposed to take place within the building in order to transform it from an industrial store into a party venue with mezzanine floor and facilities (i.e. toilets, store etc). It is also proposed to erect a 2 metre high boundary wall with gates between the application site and the neighbouring use – the Paradise Massage and Health Studio.

It is proposed that the use will take place between 2100 hours and 0600 Monday to Sundays, including Bank Holidays.

RELEVANT PLANNING HISTORY

Members may recall that in 2008, a planning application to use the attached building as a massage and health studio (Sui Generis) was granted at the City Centre, South and East Area Board (App. No. 07/03974/FUL).

SUMMARY OF REPRESENTATIONS

The application has been advertised by site notice, press advert and neighbour notification. There have been no letters of representation received about the proposal.

English Heritage has been consulted and do not wish to comment on the application.

188 PLANNING ASSESSMENT

Policy Issues

The application site is located within an area designated as a General Industry Area with Special Industries in the adopted Unitary Development Plan (UDP).

Policy IB5 relates to “Development in General Industry Areas” and states that development proposals for D2 planning uses are acceptable in this area.

Policy IB9 relates to ‘Conditions on Development in Industry and Business Areas” and states that new development or change of use will be permitted provided that it would: a) not lead to a concentration of uses which would prejudice the dominance of industry and business in the area or cause the loss of important industrial site: b) not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions; c) be well designed with buildings and storage of a scale and nature appropriate to the site; d) comply with policies for the Built and Green environment, as appropriate; and f) be adequately served by transport facilities and provide safe access to the highway network and appropriate off street parking.

In terms of the principle of development, the application proposal is considered to be acceptable. The use of the building for a private party venue falls within the D2 use class which is listed as an acceptable use in a General Industry Area. The industrial unit in which the development is proposed is relatively small scale and it would be positioned adjacent to an existing massage/health studio. General industrial use would be retained within the other buildings at Brittania Works and it is considered that the loss of this unit would not prejudice the dominance of industry or business in the area and it therefore deemed acceptable in policy terms.

Impact on the Character of the Listed Building

Policies BE15 and BE19 relate to development involving listed buildings, and seek to ensure that the character and appearance of such buildings is preserved and enhanced and their special interest maintained. The original use of the listed buildings is preferred, but other uses will be considered where they enable the future of the building to be secured.

Government guidance in the form of PPG15 ‘Planning and the Historic Environment’ gives policy guidance on proposals relating to listed buildings. In relation to alterations and extensions it advises that many listed buildings can sustain some degree of sensitive alteration or extension to accommodate new uses but also recognises that changes can cumulatively be very destructive to a building’s special interest. A proper balance between the special interest of a listed building and the proposed alterations should be achieved.

189 The main external alterations to the building comprise the replacement of the existing sliding shutter door with a new timber frame with doors to match the existing doors. Also, it is proposed to place hinged shutters to the internal face of the glass so as to improve the buildings privacy. There are no other significant alterations to the external parts of the building proposed. It is not considered that these alterations to the property will be in any way detrimental to the character or appearance of the subject unit and also the surrounding listed buildings, including The Wicker Arches.

Internally, it is proposed to install a mezzanine level so as to provide additional space as well as toilet, office and storage facilities. The proposed alterations raise no significant concerns, subject to appropriate conditions.

The proposed wall and gateway will help to provide a secure barrier between the massage/health studio and the application site. There is currently a solid breeze block wall in this position and it is considered that the proposed structure would be an enhancement to the site.

It is considered that the proposed alterations would not be so detrimental to the character or appearance of the building. It is, however, recommended that a number of conditions be applied to any approval to ensure that the impacts of the works on the building are as limited as possible.

Impact on the Amenity of the Area

UDP Policy IB9 identified above is relevant to this section of the assessment.

The Design and Access statement advises that the application proposal would create an environment suitable for private parties where the unit would be a comfortable, open space with seating and low level music.

There are no residential properties in close proximity to the site nor are there any future proposed plans for this area. It is noted that there is a health/massage studio attached to the subject unit and that there are hotels within vicinity of the site at the opposite side of The Wicker Arches. It is proposed to install an independent insulated wall and ceiling skin to mitigate against noise breakout, which will comprise an insulation foam board sandwiched between plaster boards.

There are no objections raised to this application by the Council’s Environmental Protection Service, subject to appropriate conditions that will restrict live and amplified music and control its breakout at street level.

In light of the above, it is considered that the application proposal would not be contrary to UDP Policy IB9.

Highway Issues

The premises will share a site access with the Paradise massage and health studio. The plans show that there is limited space available at this site to accommodate any parking provision. One disabled parking space is provided

190 which is considered to be of a satisfactory standard. It is noted that there is sufficient on street parking available within the area – especially during night time hours when the building will be in use. There are not, therefore, any objections to the proposal in Highway grounds.

In light of the above, it is considered that the application proposal would not be contrary to UDP Policy IB9.

Disabled Access Issues

Policy BE7 ‘Design of Buildings Used by the Public’ expects that all buildings which are used by the public should allow people with disabilities safe and easy access to the building and appropriate parking spaces.

As well as the provision of a disabled car parking space, the revised plans also show that a separate pedestrian path will be provided along the frontage of the building. This access will comprise a white dashed line and lead from the pedestrian gate to the main entrance door. Additional amendments comprise alterations to the width of the access doors and disabled toilet facilities. The amended details have resulted in an acceptable disabled access environment, in accordance with Policy BE7.

Flood Risk Issues

Policy CS 67 relates to ‘Flood Risk Management’ and seeks to reduce the extent and impact of flooding. The application site is located in Flood Risk Zone 3a and lies adjacent to the River Don, therefore Policy CS 67advises that development will only be permitted if:

The proposed use is not considered to be a more vulnerable use than the existing use and it is not proposed to increase the building footprint. A Flood Risk Assessment has been submitted with the application. The Assessment recommends mitigation measures such a flood proofing techniques and flood resistant designs which would be incorporated into the refurbishment. This includes (a) flooding proofing up to an agreed level, (b) bringing electrical services from the ceiling, placing wiring/power outlets/switches at the maximum floodwater level, (c) air brick protection, (d) boundary treatments, (e) the use of solid floors (i.e. concrete), and (f) a flood management plan (including evacuation procedures).

In addition to the above, Members are advised that the Environment Agency has been consulted on this proposal and raises no object – advising that they are prepared to accept the small change of use. This acceptability, however, is subject to conditions requiring the installation of flood proofing techniques and the provision of an evacuation plan.

In light of the above, it is concluded that the extent and impact of flooding is not so significant to warrant the refusal of this planning application. The proposed use is not more vulnerable than the existing and there are suitable measures proposed to mitigate against damage in the event of flooding. It is therefore concluded acceptable in terms of Policy CS 67.

191

SUMMARY AND RECOMMENDATION

The proposed use of the building as a private party venue and associated alterations are considered to be acceptable with regard to relevant local and national planning policy. It is considered that the development would not compromise the character or appearance of the subject unit nor be detrimental to the amenity of the surrounding, predominantly industrial, environment.

It is therefore recommended that this planning permission and listed building consent be granted, subject to relevant conditions.

192

Case Number 09/01451/FUL

Application Type A Full Planning Application

Proposal Erection of detatched dwellinghouse and garage (As per amended and additional plans received 17.08.2009)

Location 76 Queen Victoria Road Sheffield S17 4HU

Date Received 12/05/2009

Team SOUTH

Applicant/Agent Mr Dominic Bond

Recommendation Grant Conditionally

Subject to:

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

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

2 Unless otherwise authorised in writing by the Local Planning Authority, the development must be carried out in complete accordance with the following approved plans:

P10B, P20A, P21A, P22A, P23A, P30B, P31A P40A, P41A, P42A, P43A, P50A, P51A, QVR 01 and QVR 02

In order to define the permission.

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

In order to ensure an appropriate quality of development.

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

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

193 5 The dwellinghouse shall not be used unless the car parking accommodation as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

6 Unless otherwise indicated on the approved plans no tree, shrub or hedge shall be removed or pruned without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality.

7 The protection of the trees shall be carried out in accordance with the details received 17.08.2009. Protection of trees shall be in accordance with BS 5837, 2005 (or its replacement) and the protected areas shall not be disturbed, compacted or used for any type of storage or fire, nor shall the retained trees 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.

8 Before any work on site is commenced, a comprehensive and detailed soft landscape scheme for the site including replacement trees 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.

Attention is drawn to the following justifications:

PPS3 - Housing BE5 - Building Design and Siting BE6 - Landscape Design GE15 - Trees and Woodland H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas CS31- Housing in the South West Area CS74 - Design Principles

194

and to all relevant material considerations, including Supplementary Planning Guidance.

Attention is drawn to the following directives:

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

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

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

2. 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.

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

195 Site Location

LOCATION AND PROPOSAL

The application site is located in Totley Rise approximately 7.5km southwest of Sheffield City Centre. The area is predominantly residential in character and is designated as a Housing Area in the Unitary Development Plan (UDP).

The site was previously part of the garden of No. 70 Queen Victoria Road but has been separated and now appears as a distinct plot with clearly demarcated site boundaries. There is a single garage within the site accessed from Queen Victoria Road and several trees protected by TPOs. The site slopes up steeply from the highway with the upper level accessed via an existing path and steps.

The streetscene is dominated by detached dwellinghouses although there is a pair of semi-detached dwellings immediately to the south of the site. There is no prevailing architectural style in the streetscene with a range of building styles and a varied palette of materials present.

196

Planning permission is sought for the erection of a detached dwellinghouse on the upper area of the site and a detached double garage adjacent to the highway. The existing single garage is to be demolished and replaced with a single parking bay. One of the protected trees is to be removed and several of the lower branches of the protected trees at the rear are to be pruned. A solar panel is proposed to be installed on south section of the roof terrace.

RELEVANT PLANNING HISTORY

01/10360/OUT: Erection of one dwelling. GRANTED CONDITIONALLY 14.05.2002.

This was the original application for a dwellinghouse within the application site. The subsequent applications were renewals of this earlier approval with slight variations.

05/01348/OUT: Erection of dwellinghouse. GRANTED CONDITIONALLY 25.05.2005.

08/01331/OUT: Erection of dwellinghouse and detached garage. GRANTED CONDITIONALLY 28.04.2008.

In light of these earlier planning consents it is considered that the principle of erecting a dwelling within the application site is established. Planning policy has not significantly altered since these earlier planning approvals to render a dwellinghouse within the application site unacceptable.

SUMMARY OF REPRESENTATIONS

There has been one representation received regarding this application objecting on the following grounds: - Footprint of neighbouring property not accurately reflected - Impact on outlook of neighbouring property due to close proximity of proposed dwelling to boundary and front bay window - Overdominance/overbearing of neighbouring dwelling and private amenity space due to close proximity of dwelling to south boundary - Contemporary architectural design of dwelling not in keeping with the 70 Queen Victoria Road, in relation to which it will be most clearly viewed, contrary to UDP Policy BE5a - Bland southern elevation and use of plain materials will dominate neighbouring property - Impact on privacy of neighbouring properties from directly facing high level windows and roof terrace - Garage will impact on root system of mature tree within neighbouring property - Design & Access statement fails to demonstrate how a ‘sense of place’ has been achieved - Design of development poorly reflects the setting and adversely impacts on neighbouring property

197 PLANNING ASSESSMENT

Policy

As the application site is located in a Housing Area and relates to the erection of a dwellinghouse the development is subject to the following national, UDP and Core Strategy Policies:

Planning Policy Statement 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.

BE5: Building Design and Siting

Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions. The following principles will apply: Physical Design a) original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings

BE6: Landscape Design

Good quality landscape design will be expected in new developments and refurbishment schemes. Applications for planning permission for such schemes should, where appropriate, include a suitable landscape scheme which: a) provides relevant information relating to new planting and/or hard landscaping, and of existing vegetation to be removed or retained; and b) provides an interesting and attractive environment; and c) integrates existing landscape features into the development, including mature trees, hedges and water features; and d) promotes nature conservation and uses native species where appropriate

GE15: Trees and Woodland

Trees and woodland will be encouraged and protected by: b) requiring developers to retain mature trees, copses and hedgerows, wherever possible, and replace any trees which are lost; and c) not permitting development which would damage existing mature and ancient woodlands

H10: Development in Housing Areas. This policy states that Housing (Use Class C3) is the preferred used in Housing Areas.

H14: Conditions on Development in Housing Areas

In Housing Areas, new development or change of use will be permitted provided that:

198 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 d) it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians

CS31: Housing in the South-West Area

This policy states that new development will be largely defined by what can be accommodated at an appropriate density through infilling and windfall sites whilst safeguarding and enhancing the area’s character.

CS74: Design Principles

The aim of this policy is to ensure high quality developments that respect, take advantage of and enhance the distinctive features of the city including the scale, grain and context of places.

Design

The application site is comparable in size to the majority of housing plots along this side of Queen Victoria Road. The streetscene is characterised by detached dwellinghouse set within medium to large plots. The proposed dwellinghouse is of a scale and has been sited in such a way that it fits in with the grain of the area and does not appear out of context in the locality.

The dwellinghouses along Queen Victoria Road have been constructed in a variety of styles and materials with no prevailing architectural form or character. To the south of the proposal site is a pair of traditional bay windowed semi-detached dwellings and to the north is a contemporary flat-roofed dwellinghouse with a modern appearance similar to the proposed. Due to the range of architectural styles in the streetscene it is not considered that the contemporary design of the proposed dwellinghouse would appear out of context, or disrupt any pattern or rhythm of built form along Queen Victoria Road.

The proposed dwellinghouse is set significantly back from the highway and is elevated above it by approximately 5.5 metres. By virtue of this and the mature vegetation present within the site, the majority of which is proposed for retention, the proposed dwelling will not be highly visible from the streetscene thus it will not appear overly prominent or intrusive. The main element visible from street level is the double garage. This is located flush with the pedestrian footway and has a low level flat-roofed form. The overall design of the garage is similar to the garage at No. 76 Queen Victoria Road and numerous other garages further along the highway.

The dwelling itself has a stepped roofline with the main bulk of the building to the front and a taller, slimmer section to the rear. This stepped roofline breaks up the

199 mass of the structure and takes account of the difference in height between the ridgeline of the adjacent properties.

The design of the new dwelling takes account of passive solar gain by including long horizontal windows on the south elevation which maximise the solar benefits of winter sun whilst excluding high summer sun. Moreover, only one window is proposed on the north elevation to minimise heat loss from this side of the property. In addition a solar panel is proposed on the roof.

A contemporary mix of materials are proposed including timber shingle cladding and brickwork for the facing materials and aluminium frames for the windows and as the parapet coping. A frameless glazed balustrade is proposed for the front balcony. The proposed mix of materials give the resulting dwelling a high quality finish and to ensure that this is achieved at construction stage samples of all proposed materials will be required by condition.

Impact on Protected Trees

There are several mature trees within the application site protected by TPOs. Due to the steep slope of the application site up from the highway many of the protected trees at the rear of the site can be seen from other parts of the city and contribute to the visual amenity of a wider area than the immediate streetscene. In terms of the immediate streetscene the tree which contributes most to the visual amenity is the large sycamore located adjacent to the pedestrian footway and existing garage (proposed for demolition).

To facilitate the proposed development the applicant originally proposed to remove several of the trees including one of the trees of wider significance to the rear of the site. After discussion with the applicant it was decided that it was only necessary to remove two of the protected trees located centrally within the site. These have been identified as low quality in the tree survey and as they are located centrally within the site their loss will have the least impact on the visual amenity of the wider area. Works are also proposed on the lower branches of several of the trees to the rear. These works are minimal and will not threaten the future of the trees.

In addition, one small protected tree to the rear of the site has been identified as necessary for removal as it is dead.

It was originally proposed to create a patio to the rear of the new dwellinghouse with retaining walls. These walls would have cut through the root protection areas of several of the more significant protected trees to the rear of the site and would have threatened their existence. After discussion with the applicant the patio and retaining walls have been removed from the scheme and replaced with a lightweight timber deck. The foundations for the deck are to be hand excavated with all roots in excess of 25mm retained. This will minimise the impact of the structure on the protected trees and will ensure their long term retention.

The existing single garage adjacent to the protected sycamore is to be demolished and replaced with hardstanding for the parking of one vehicle. The applicant has

200 confirmed that the existing hardstanding and base of the garage which are impermeable will be removed and replaced with a permeable hardsurface that allows water to permeate to the roots of the tree. This will improve on the current situation in relation to this locally significant tree.

A scheme of tree protection measures has been submitted which comply with the necessary British Standards in terms of root protection areas and fence type. The proposed measures are deemed acceptable and will be subject to a condition stipulating the implementation and retention of protection measures until all work on site is completed.

A concern has been raised about the impact of the originally proposed garage on the roots of a tree within the neighbouring site. This tree is not protected. However, in response to this concern the applicant has revised the location of the garage so that it is further along the site frontage and out of the root protection area of this neighbouring tree. Protective fencing is also proposed around the root protection area to ensure no damage during construction.

Landscaping

All lost trees are to be replaced alongside a scheme of shrubs and smaller plants. Full details of this will be secured by condition prior to work commencing on site.

Amenity Issues

All side facing windows are proposed to be high level to protect neighbouring privacy and the windows on the front and rear are well screened and a sufficient distance from directly facing residential properties to ensure no overlooking or threat to privacy.

The proposed first-floor balcony on the front of the new dwelling is located centrally within the site approximately 6 metres from the boundary with No. 70 Queen Victoria Road and more than 10 metres from the boundary with No. 76. These neighbouring properties both have private amenity space to the rear of the dwellings with landscaped steeply sloping gardens to the front. Therefore, the proposed balcony will not overlook the private amenity space of these neighbouring properties and is deemed acceptable.

No. 70 has a curved bay window on the front elevation. The front elevation of the new dwelling is roughly level with the front of this neighbouring bay window and as such the new dwelling will screen the proposed balcony from the bay of No. 70. Therefore, the balcony will not offer views into this bay window or impact on the privacy of the neighbouring dwellinghouse.

There are several windows on the side elevation of No. 70 that face towards the application site and new dwellinghouse. These are not main windows to habitable rooms and all face north. Therefore, the proposed dwelling will not block direct sunlight to these windows and the separation distance of 4.5 metres between them and the proposed dwelling is deemed sufficient to ensure that the structure is not unacceptably overbearing.

201

Highways

The proposed dwellinghouse has three bedrooms and one off street parking bay in addition to a double garage. The parking provision is deemed sufficient to serve a dwelling of the proposed size.

The vehicular access to the proposed parking bay is established and offers good visibility of on-coming vehicles and pedestrians from both directions. The new garage again offers good visibility and is considered acceptable.

SUMMARY AND RECOMMENDATION

The proposed detached dwellinghouse has been well designed to fit in with the grain and character of the local area and will not form an incongruous addition to the streetscene. The protected trees within the site that contribute to the visual amenity of the streetscene and wider area are to be retained and all losses are to be compensated for by replanting. The impact of the new dwelling and associated structures has been modified so as to have a minimal impact on the protected trees and the neighbouring properties, Nos. 70 and 76 Queen Victoria Road.

In light of the above, it is considered that, subject to conditions, the proposed dwellinghouse is acceptable.

202

Case Number 06/01076/CAC

Application Type Conservation Area Consent Application

Proposal Partial demolition of tower & demolition of single-storey annexe

Location Holiday Inn (Posthouse Hotel) Manchester Road Sheffield S10 5DX

Date Received 29/03/2006

Team SOUTH

Applicant/Agent Axis Architecture

Recommendation Grant Conditionally

Subject to:

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

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

2 The buildings shall not be demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made, and evidence of such a contract has been supplied to the Local Planning Authority and planning permission has been granted for such redevelopment.

To ensure that premature demolition does not take place and result in an undeveloped site, some time before rebuilding, which would be detrimental to the visual character of the locality.

Attention is drawn to the following justifications:

1. The decision to grant conservation area consent and impose any conditions has been taken having regard to the policies and proposals in the Sheffield Unitary Development Plan and adopted Core Strategy set out below:

BE16 - Development in Conservation Areas

and to all relevant material considerations, including Supplementary Planning Guidance.

203 This informative is intended as a summary of the reasons for grant of planning permission. For further detail on the decision please see the application report by contacting the Planning Records section on 2734220 or by visiting Sheffield City Council’s website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Site Location

For Report see 06/00836/FUL

204

Case Number 06/00836/FUL

Application Type A Full Planning Application

Proposal Partial demolition, retention, extension & conversion of tower, and erection of 2 x 4 storey blocks to create 122 no. 1, 2 & 3 bedroom units and 11 x 3 storey townhouses in grounds, with associated basement car parking

Location Holiday Inn (Posthouse Hotel) Manchester Road Sheffield S10 5DX

Date Received 06/03/2006

Team SOUTH

Applicant/Agent Axis Architecture

Recommendation Granted subject to the completion of a to Legal Agreement

Subject to:

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

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

2 Details of the proposed phasing of the development shall be submitted to and approved in writing before the development commences. Thereafter, the works shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

4 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 before the commencement of development:

205 (1) Windows (2) Window reveals (3) Doors (4) Garage Doors (5) Eaves and verges (6) External wall construction (7) Brickwork/Cladding detailing (8) Balconies/Sun boxes (9) Entrance canopies (10) Coloured glazing to tower

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

In order to ensure an appropriate quality of development.

5 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

6 Prior to any works commencing on site, details of all external lighting shall be submitted and approved in writing by the Local Planning Authority. The approved lighting shall be implemented as per the approved details and be retained.

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

7 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the dwellings shall not be used unless such means of site enclosure has been provided in accordance with the approved details and phasing details as required by Condition 2, thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

8 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part 2 (Class A), or any Order revoking or re-enacting that Order, no extensions, porches, garages, ancillary curtilage buildings, swimming pools, enclosures, fences, walls or alterations which materially affect the external appearance of the dwellings shall be constructed without prior planning permission being obtained from the Local Planning Authority.

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

9 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (and any order revoking and re- enacting the order) no windows or other openings shall be formed in all elevations of the building hereby permitted without the prior written consent of the Local Planning Authority.

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

10 The apartments and townhouses shall not be used unless the car parking accommodation for that particular phase as approved under condition 2, has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

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

In the interests of the safety of road users.

12 Before the development is commenced, details of the means of ingress and egress and routeing 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.

13 At all times that demolition and construction works are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

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

14 The apartments / townhouses shall not be used unless turning space for vehicles has been provided within the site in accordance with the approved plans and thereafter such turning space shall be retained.

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

207

15 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the apartments / townhouses shall not be used unless such cycle parking has been provided in accordance with the approved plans subject to the phasing details as required by Condition 2, and, thereafter, such cycle parking accommodation shall be retained.

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

16 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:

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

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

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

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

18 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided: a) a minimum of 10% of the predicted energy needs of the of the completed development being obtained from decentralised and renewable or low carbon energy; and b) The Generation of further renewable or low carbon energy or incorporation of design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions by 20%. This would include the decentralised and renewable or low carbon energy to satisfy (a)

19 The dwellings hereby approved shall be constructed to achieve a minimum standard of Code Level for Sustainable Homes Level 3 and before any dwelling is occupied (or within an alternative timescale to be agreed) the relevant certification, demonstrating that Code Level 3 has been achieved, shall be submitted to and approved in writing by the Local Planning Authority.

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

20 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.

209 In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

22 Unless otherwise indicated on the approved plans no tree, shrub or hedge shall be removed or pruned without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality.

23 Unless otherwise agreed in writing the proposed green roof(s) (vegetated roof system) shall be provided on the roof(s) and walls in the locations shown on the approved plans prior to the use of the buildings commencing. Full details of the green roof and wall construction and specification, together with a maintenance schedule shall be submitted to and approved by the Local Planning Authority prior to works commencing on site and unless otherwise agreed in writing shall include for the roof a substrate based growing medium of 80mm minimum depth incorporating 15-25% compost or other organic material. Herbaceous plants shall be employed and the plants shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of sustainable development.

24 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.

25 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

210 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 Before development is commenced, full details of all hard surfaced areas within the site shall have been submitted to and approved by the Local Planning Authority. Such details shall consist of porous materials, or shall direct surface water run off from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse. Thereafter the hard surfacing shall be implemented in accordance with approved details.

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

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

In the interest of satisfactory and sustainable drainage.

28 No development shall take place until details of the proposed means of disposal of 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.

29 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.

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 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the dwellings shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and

211 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.

32 Before development is commenced, full details (at a scale of 1:50) of mobility housing provision (which shall equate to a minimum of 25% of the residential units) within the development shall have been submitted to and approved by the Local Planning Authority. Such details shall thereafter be implemented prior to occupation of the units, and shall thereafter be retained.

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

Attention is drawn to the following justifications:

PPS3 H7 - Mobility Housing H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments H16 - Open Space in New Housing Developments BE5 - Building Design and Siting BE9 - Design for Vehicles BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design and Materials in Areas of Special Character or Historic Interest CS23 - Locations for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS31 - Housing in the South West Area CS40 - Affordable Housing CS41 - Creating Mixed Communities CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS66 - Air Quality

and to all relevant material considerations, including Supplementary Planning Guidance.

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Attention is drawn to the following directives:

3. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

4. 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.

213 Site Location

INTRODUCTION

Members will recall that this application was deferred from consideration at the Area Board meeting of 1 September 2009, to allow for an additional period of neighbour notification. This has now taken place with individual letters having been sent to all persons and groups who made previous representation or have been previously notified of the scheme.

LOCATION

The site is of the former Holiday Inn (Posthouse Hotel), located within a residential suburb to the south west of the City. The site is characterised by the steep topography of its location, rising from Fuwlood Road up to Manchester Road. The existing tower on the site is a landmark building within Sheffield and views can be seen from numerous vantage points both near and far.

214 The surrounding area is characterised by large stone built properties from the late Victorian/Edwardian era standing in substantial grounds. The exceptions are the 1960’s flat roofed apartments (Fulwood Mansions), located immediately to the east of the site, and the more recent Fairfield Heights development located immediately to the west of the site.

The Sheffield Unitary Development Plan (adopted 1998) shows the site as within a Housing Area. The site falls within both the Endcliffe Conservation Area (to the south of the site) and Broomhill Conservation Area (to the north).

The site currently accommodates a vacant hotel with associated gymnasium/health club, and car parking, set in landscaped grounds. There are two entrances to the site, the primary entrance from Fulwood Road and secondary entrance from Manchester Road. To the northern part of the site is an area of surface car parking and pool complex. The site at this point stands elevated above the south part of the site, which contains the existing tower and previous extensions to the east. A vehicle access runs through the site along the eastern boundary of the site close to Chesterwood Road .The site and hotel have not been used for over 3 years and is currently vacant.

The site is bound along Fulwood Road by a mature band of trees, which nearly fully screen the lower floors of the existing buildings from the highway. A stone boundary wall runs along the back end of the footpath, which forms a significant retaining wall, with the land sloping steeply towards the north.

PROPOSAL

The original application as submitted was for the retention, and extension of the tower by adding a further 2 storeys to the height, and extending the building by adding a metal frame (projecting 1.8 metre) with new cladding system to 3 sides.

The existing annexe buildings/health club was proposed to be demolished, and replaced with a large main block close to the eastern boundary of the site steeping up to 6 storeys, and the creation of 16 townhouses to the north of the site. Underground car-parking accommodation was proposed on 4 levels.

Following extensive negotiations with officers, a revised scheme has been submitted and, as amended the application now comprises of an additional set back floor to the tower, a metal framework enlarging the tower by 1.6 metres to the east and west elevations, and by 2.2 metres on the south elevation. This is to have a cladding system fitted to all four sides of the tower creating 83, one and two bed apartments.

The main block has been reduced in height to a maximum of 4 storeys in line with the neighbouring buildings along Chesterwood Road, and has been pulled towards the centre of the site, away from Chesterwood Road, Fulwood Road and Manchester Road. Green roofs and greenwalls have been added to the main block.

215 The top of the site has been re-modelled, with the town houses taking the form of a crescent, with private gardens to the rear for each unit.

The two existing access points are to remain, with the top access leading onto Manchester Road serving the townhouses and new Main Block, and the access leading onto Fulwood Road serving the existing tower.

The application site is part of both the Endcliffe and Broomhill Conservation Areas and a high quality of design is required.

This report considers both the full planning permission for the partial demolition, retention, extension & conversion of the tower, and erection of 2 x 4 storey blocks to create 121 no. 1, 2 & 3 bedroom residential units and 11 x 3 storey townhouses in grounds, with associated basement car parking, and also the Conservation Area Consent for demolition of the existing health club.

RELEVANT PLANNING HISTORY

- An application for the Partial demolition of the tower & demolition of the single- storey annexe is pending consideration and is considered within this report. Application No. 06/01076/CAC - Planning permission was granted for an extension to gymnasium. Application No. 96/00885/FUL - Planning permission was granted for an extension to gymnasium. Application No. 89/00584/FUL - Planning permission was granted for a health centre including swimming pool, gymnasium and Jacuzzi. Application No. 86/01772/FUL

SUMMARY OF REPRESENTATIONS

Original Submission. – 49 Representations received, including Broomhill Neighbourhood Group (BANG):

- The proposal for 163 residential units is far too dense and is over development, with the building being too close. The size of the development is out of proportion to the neighbourhood and is neither architecturally nor aesthetically suitable for a Victorian suburb. - The proposal is too high and totally oppressive to existing residential buildings - The need is for family homes not 1 and 2 bed apartments which Sheffield has an excess of. - The buildings will need to be properly managed to avoid deterioration - The under croft parking is welcomed but is it sufficient? Where is the visitor parking? - The size of the development will exacerbate the existing pressure on the roads, sewers and parking in this area. - The degree of traffic will causing significant detriment to the amenities and quality of life of the neighbouring properties.

216 - The proposal is in close proximity to neighbouring residential properties, with main habitable windows as close as 13 metres away from the proposed townhouses - The 4-storey townhouses will tower over ground floor occupiers of neighbouring residential properties - The proposed style of architecture is highly commercial and out of character with the surrounding Conservation Area, with its unique Victorian and Edwardian architectural Heritage. - The (appalling) tower has been an eyesore for many years, and to develop it is unacceptable. - The development will do nothing to contribute to the community (private estate with not family accommodation). - The developers have made very little effort to engage with the local community. - The proposed building will impact on the privacy to occupiers of Fulwood Park Mansions through adverse overlooking. The green roofs will be used as gardens causing further overlooking. - Is it possible to make the scheme owner occupied? - The gated community would be socially and psychologically isolating. - The proposed new block is located far too close to the Chesterwood Drive blocks of flats leading to overlooking, loss of light and having a towering effect. - Requests for mature trees to be planted along the boundary to protect privacy to neighbours, that construction traffic enter and exit the site from the Manchester Road access, that the Manchester Road and Fulwood Road is not linked. - The need for affordable housing in Broomhill is for families. - The height of the buildings will dwarf the surrounding Edwardian and Victorian houses, blocking previously interrupted view. - There would be an unacceptable level of noise and dust created during construction. - Welcome the plan to re-develop the site, which is appearing derelict, however the plans show an over-development of the site. - The scheme should incorporate energy saving measures such as solar panels or mini wind turbines. - The town houses are in close proximity to properties along Manchester Road causing adverse overlooking, and loss of light. - There has been a lack of consultation, excessively short review time, and restriction of comment. - A model and full plans should be made available locally for study by local residents.

Councillor A Whitehouse wrote, saying:-

- Over density for permanent residence – hotel density not appropriate for permanent housing. - Too many 2 bedroom non-family flats with insufficient private space (Particularly the flats within the tower). - Disabled access is questionable in multi-storey apartments without alternative means of escape. - The use of roof gardens would result in overlooking and dis-amenity to residents at Chesterwood Drive and Fairfield Heights.

217 - Overshadowing by and proximity to the main tower block of sections 4, 3 and parts of 1 nearest to 3 will cause dis-amenity to future occupiers. - The change in use from a hotel to a housing should be refused. - The site is highly visible across the valley and the proposal will inevitably result in loss of trees - Drawings fail to show the steep topography of the area. - Access from Manchester Road would need to be widened to accommodate increased use. - Concerns regards asbestos in the current building which will be disturbed during construction. - Problems with drainage/sewerage in surrounding area. - The undermining of ground by the construction of an underground car park.

First Revised Submission – 18 Representations received, including BANG;

- The density of the development will be too high in the Conservation Area. - The volume of cars exiting from the development is too high. - The new main block of flats adjacent to and extending the full length of the western boundary with Fulwood Park Mansions will infringe on privacy and light to occupiers of Fulwood Park Mansions. - The proposed new development is insensitive to the residents on both sites of the Hallam Tower estate, to wildlife and the general environment in the area. - The amendments seem relatively minor and the site remains over-developed. - The amended plans show huge areas of painted zinc cladding panels which is out of keeping with the conservation area, along with appearing cheap and being difficult to maintain. - The incessant noise of drilling and dust levels through excavation of the basement parking would be unacceptable to existing residents. - The existing schools and doctors would be affected by the increase in residents. - The amended main block is much larger than the present structure, they are too big and high, are sited too close to Fulwood Road and Fulwood Park Mansions, and the proposed size and position is out of proportion to the surroundings. - Whilst the number of units has been reduced, and there being no vehicular route through the site, it still will impact negatively on the existing traffic problems in the area. - Although the townhouses have been reduced in height they will still overlook neighbouring properties. - There appears to be more town houses concentrated on the side of the site than before and due to their height would further impact on overlooking to occupiers of Fairfield Heights. - There is no through access, which may cause problems if there is a major emergency in the underground car park. - The glass cladding to the tower is only three sides with the northern side left completely exposed revealing the ugly existing fascia. - There is still no provision for affordable housing. For a development of this scale this is scandalous. - The gated site would bar access to local residents, and cause problems for visitors and deliveries etc.

Councillor Paul Scriven wrote, stating:-

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- The site is in the Broomhill Conservation Area and both the design, height, and overall appearance are not in keeping with the Conservation Area. - The density of the apartments is such that residents will have only a small about of space, and it is questionable as whether this could be considered decent living conditions. - The height and number of units would mean a loss of amenity for local residents living nearby greater than its usage as a hotel. - Traffic numbers will increase significantly leading to increase in the danger to both road users and pedestrians, along with straining on the existing road network. - The development would add to a clear imbalance as the side does not provide for predominantly family residences and therefore does not help to create a sustainable community within Broomhill Area.

On 27 February 2007 the proposal was presented to Sheffield Conservation Advisory Group, who made the following comments:

The group raised no objections to the proposed conversion of the tower block, but due to the size and height of the tower, it considered that the new four/five storey buildings represented an over development of the site. The Group expressed concern at the lack of details regarding the cladding materials for the tower and plans for any children’s play facilities when it was likely that the 2/3 bed roomed town houses would attract families. The Group also considered that there was insufficient landscaping to act as a buffer on what was a very prominent site.

Second Revised Submission – 14 Representations received, including BANG;

- The amended plans show no changes that will alleviate any of the detrimental effects on occupiers of Fulwood Park Mansions.

Councillor Paul Scriven wrote stating:-

- Same as previous comment (above) but added overlooking, and dominance of the proposed apartments on existing neighbouring properties. - The density is clearly significantly above PPG3 recommendations and therefore is an over development. - The building is already significant and prominent adding an additional floor will increase its dominance. - The proposed final finishing and cladding of the tower will have a sever and detrimental effect on the area, owing to its modern effect. - A condition should be imposed to allow public access through the site and not to be a gated community.

Nick Clegg MP (add support to constituents objections):

- Concern about the height and length of the proposal and the affect this will have on neighbouring properties privacy and light, and to the visual amenity of the area. - There will be extra traffic to the area will add to the congestion on Fulwood Road and Manchester Road.

219 Councillor Paul Scriven subsequently wrote immediately prior to s September Area Board, stating:-

- Such a large application, of such importance should be deferred and be the subject of fresh round of consultation, with the development appraisal being made available to view. - Having seen the new scheme I am still of the same opinion and would ask that this application is rejected by the Board.

Representations Received Following Deferral at 1 September Board – 30 representations received including BANG;

- Welcome the redevelopment of the tower and conversion into flats, with the additional sun balconies enhancing the living accommodation of occupiers of the tower; however the balconies should not become unsightly or be lit with coloured lighting. - The proposed 36 flats within the main block fails to provide a mixture of housing types, with the development heavily weighted to 2 bedroom units. All new build housing on the site should be family housing. - There is a lack of outdoor space within the scheme, with no other informal open space within the vicinity. - The size of the development will result in increases in vehicular traffic on the already congested Fulwood and Manchester Road, which experience excessive vehicle speeds. - The proposal is too close to the rear of the neighbouring properties along Manchester Road which will take away light and privacy. - The proposed buildings are out of keeping for the conservation area. - The proposed main block will block the light to occupiers of Fulwood Park Mansions. - Welcome the moving back of the main block away from Fulwood Park Mansions, however it still is not sufficient distance away from the boundary of the site. - The use of ashlar stone and a cladding system of glazing will appear mish- mash appearance. - Concerns over noise and dust that demolition of existing buildings and redevelopment will bring to neighbouring properties. - There could be structural damage to neighbouring properties through excavations of bedrock on the site for the underground car park. - The proposal will de-value neighbouring properties. - There are far too many flats and multiple occupancy dwellings within the area. - There is a loss of views from the positioning of the new main block.

Nick Clegg MP wrote detailing the objections made by several constituents which have been covered in the section above.

Applicant Lead Consultation

The applicant has submitted a Statement of Public Consultation with the revised application. This exercise has taken place in the form of a public exhibition held at the site on the afternoon and evening of the 9th November 2006, a written consultation exercise sent to all parties originally notified of the proposal explaining

220 the changes to the project, and the attendance of the applicants representatives at two meetings of the Broomhill Forum. The changes reflect some of the comments made by the public. These include enhanced landscaping to the boundary, the provision of cladding to the north facing elevation, the enhanced screening to the east side of the site to ensure reduced perception of vehicular activity, the retention of the trees in the centre of the site. The developer has stated that they have responded wherever possible to the comments received, however it has not always been possible to meet every individuals needs, and the community have been closely involved in the project and positively contributed to the scheme submitted to the LPA for consideration.

PLANNING ASSESSMENT

Land Use Policy

The application site is located within a Housing Policy Area under the provisions of the adopted Sheffield Unitary Development Plan, with parts of the site located within the Broomhill and Endcliffe Conservation Areas. Therefore the relevant policies are as follows;

Planning Policy Statement 3 ‘Housing’ sets out the Government’s policies and provides advice on matters concerning housing and housing development. It emphasises the need to enable greater choice of housing, along with the re-use of previously developed sites at efficient densities.

The site is located within a Housing Area. Policy H10 states that housing is the preferred use in these areas, therefore in principle the residential aspect of the development is considered to be acceptable subject to the development meeting the criteria found in Policy H14.

The relevant Adopted Unitary Development Plan policies are;

BE5 ‘Building Design and Siting’ BE6 ‘Landscape Design’ BE9 ‘Design for Vehicles’ BE15 ‘Areas and Buildings of Special Architectural or Historic Interest’ BE16 ‘Development in Conservation Areas’ BE17 ‘Design and Materials in Areas of Special Architectural or Historic Interest’ H7 ‘Mobility Housing’ H10 ‘Development in Housing Areas’ H14 ‘Conditions on Development in Housing Areas’ H15 ‘Design of New Housing Developments’ H16 ‘Open Space in New Housing Areas’

The Sheffield Development Framework – Core Strategy includes the following policies which are of relevance;

CS23 ‘Location for New Housing’ CS26 ‘Efficient Use of Housing Land and Accessibility’ CS31 ‘Housing in the South-West Area’

221 CS40 ‘Affordable Housing’ CS41 ‘ Mixed Communities’ CS64 ‘Climate Change, Resources and Sustainable Design of Developments’ CS65 ‘Renewable Energy and Carbon Reduction’ CS66 ‘Air Quality’

Policy Issues

Sustainability

In order to satisfy Policies CS64 and CS65 of the Sheffield Development Framework conditions will be required to be added to any consent granted requiring details to be submitted.

The applicant is committed to delivering the new dwellings to achieve a Code for Sustainable Homes Level rating of 3. In addition to this the proposal includes rain water harvesting, green roofs to the Annex A, and a green wall along the eastern elevation of Annex A which will help to encourage local ecology, reduce thermal loading to the building and contribute to improving air quality. These factors will help to meet the requirements of Policy CS64.

Policy CS65 sets a minimum requirement of 10% of the predicted energy of significant developments from decentralised, renewable or low carbon energy, unless it can be shown that this would not be viable.

Less information is provided as to how this will be achieved, however, the preliminary options for Code for Sustainable Homes Code Level 3 do cover the reduction in emissions, and the applicant accepts the requirements of this policy, and is agreeable to this matter being resolved by imposition of a condition.

It is considered overall, that the development subject to condition is capable of satisfying conditions CS64 and CS65.

Housing Policy

Policy H10 states that housing is the preferred use in these areas, therefore in principle the residential aspect of the development is considered to be acceptable. This is subject to the provisions of H14 which states that development is acceptable where, amongst other things, a. new buildings and extensions are designed and would be in scale and character with neighbouring buildings b. new development would be well laid out with all now roads serving more than five dwellings being of an adoptable standard 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 d. it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians e. it would not suffer from unacceptable air pollution, noise or other nuisance or risk to health or safety

222 For non-housing uses the development should: i. occupy only a small area and not lead to a concentration of non-housing uses which would threaten the residential character of the Housing Area k. not lead to air pollution, noise, smell, excessive traffic levels or other nuisance, or risk to health and safety for people living nearby l. be on a scale consistent with the residential character of the area or meet primarily local needs

The following Core Strategy Policies are also relevant:

CS23 states that new housing development will be concentrated where it would support urban regeneration and make efficient use of land and infrastructure. The main focus (during the period 2008/09 to 2020/21) will be on suitable, sustainably located sites within (a) the main urban area of Sheffield.

CS26 states that housing development will be required to make efficient use of land but the density of new developments should be in keeping with the character of the area and support the development of sustainable, balanced communities. Subject to the character of the area being protected, densities at sites within or near to a District Centre densities of 50 to 80 dwellings per hectare will be acceptable. This development proposes 100 dwellings per hectare and whilst this is above the suggested density, in this case the higher number is owing to the conversion of the existing tower building.

Therefore, the proposal is considered to be acceptable in principle subject to the criteria set out under UDP Policy H14 and Core Strategy Policies CS23 and CS26. These will be assessed separately below.

House Type Mix

One of the aims of Policy CS41: Creating Mixed Communities within the Core Strategy is to ensure that not more than half the residential units in any large development are made up of a single house type.

This development has a mixture of 1 bedroom, 2 bedroom, 3 bedroom apartments and 4 bedroom townhouses. The number of 2 bedroom apartments do make up over 50% of the units with 98 out of the 132 units on site. However this is partly due to the conversion of the existing tower and the restrictions of the site. The proposal does include 11 townhouses within the grounds.

The Housing Needs Survey 2007 identifies a high level of demand for both detached and semi detached housing in the South West of the city compared with the rest of Sheffield. However it also shows a high demand for terraced houses and flats compared with existing provision in the area.

The proposed density on the site is 101 dwellings per hectare. Whilst this density is relatively high, this is owing to the conversion of the tower housing 86 of the 132 units. As a comparison figure, excluding the tower development, the density would be 35 dwellings per hectare which would be relatively low.

223 Therefore it is considered that owing to the limitations of converting the existing tower, and acknowledging the findings of the Housing Needs Survey 2007 for the area, which shows a high demand for flats, the proposal is considered acceptable.

Highways

The provisions of PPG13, ‘Transport’ sets out the government advice with regard to transport, which has now been amended by the publication of PPS3. The guidance encourages new development to be in sustainable locations and close to facilities and Shopping Centres.

Policy BE9 requires that safe, efficient and environmentally acceptable site layouts for all vehicles (including cycles) and pedestrians should be provided for all new developments.

Policy H14 part (d) requires that a proposal would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians

It is considered that the estimates of the number of vehicular trips generated by the existing use have been considerably overestimated in the applicant’s traffic assessment. However, in the absence of historical actual survey information, using the Trip Rate Information Computer System (TRICS) database, highways officers have calculated the likely levels of traffic generated by a 138-bedroom hotel with health club using the TRICS database.

The estimates of traffic generated by the proposed residential development is considered acceptable.

The following table indicates the vehicular traffic flows estimated to be generated by the existing and proposed use of the site:

Hotel + Health Club Residential Arr Dep 2 way Arr Dep 2 way AM 32 26 58 16 52 68 PM 43 30 73 50 21 71 Daily 485 486 971 238 243 481

It can be seen that the proposal would be likely to result in a slight increase in traffic movements generated by the site in the AM peak but that the proposal is likely to result in a reduction in vehicular movements to and from the site over a 24- hour period. This results in the proposed development not having any detrimental impact on the surrounding road network.

The originally submitted plans proposed a one-way system through the site, with traffic entering from Fulwood Road and exiting onto Manchester Road. The amended scheme proposed traffic to enter and exit from Manchester Road and Fulwood Road.

The proposal provides 139 parking spaces for the apartments within the basement, 21 spaces for the visitors, and 36 spaces for the townhouses at the top of the site.

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The basement parking is accessed via two entrance ramps, one from Fulwood Road leading to 83 parking bays, and the other from Manchester Road leading to 56 parking bays. A hand full of the parking bays which are abutting a wall and a pillar may prove difficult to manoeuvre in and out of, and therefore a condition can ensure that they are re-configured.

The level of provision is in accordance with the Councils parking guidelines. Furthermore the site is located immediately adjacent to a very frequent public transport route and is also within walking distance of the Broomhill District Centre providing shopping facilities and services.

Cycle parking is provided within the basement parking providing secure storage. This should be conditioned, along with the layout of the cycle provision, owing to the current plans showing difficulties with limited space between the cycle stands and allowing access to the lift/stairs.

Layout and Design

Policy H15 ‘Design of New Housing Developments’ requires the design of a new housing development to: [a] provide easy access to homes and circulation around the site for people with disabilities or with prams; [b] provide adequate private gardens or communal open space; [c] provide uniform walls or fences around rear gardens next to roads, footpaths or other open areas. Good design and the use of good quality materials is expected in all new developments. Policy BE5 indicates that the following principles will apply for physical design: (a) original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings.

The provisions of Policies BE15 Areas and Buildings of special Architectural or Historic Interest and BE17 Design and Materials in Areas of Special Character or Historic Interest of the Sheffield Unitary Development Plan (UDP) echo and substantiate the advice contained within PPG15 and are therefore relevant in the assessment of the planning application.

Planning Policy Guidance 15, states that new buildings do not have to copy their older neighbours in detail. Some of the most interesting streets include a variety of building styles, materials and forms of construction, of many different periods, but together forming a harmonious group. A design that reflects and improves the site and its surroundings will help create a sense of character.

The provision of sub-terrain parking allows more thought to be given to provide attractive and user-friendly spaces. This frees up more space for the amenity areas, and gives a more spacious site, and allows good quality soft landscaping to be incorporated surrounding the footprint of the building. Furthermore it avoids large areas of hard standing surrounding the building, which currently scar the site.

The Conservation Advisory Group accepted the principle of conversion of the tower block, but raised concerns relating to the lack of detail for the cladding materials, and the insufficient level of landscaping. Conditions relating to details of all

225 external materials can ensure that high quality materials are used, including the cladding system, and a comprehensive landscaping plan.

The originally submitted application proposed 163 units in total on the site, comprising of refurbishment of the tower, erection of a new main block up to 6 storeys high, an annex block to the south of the tower and a number of townhouses to be located at the top of the site. Negotiations have led to a number of revisions, which are discussed below.

Annex A

An Annex block was proposed standing at 3/4 storeys high directly to the south of the tower. This building was considered to be harmful to the setting of the tower and far too close to its base and entrance. This view is very important, especially with the group of beech trees in the foreground, and the proposed relocation of the vehicular access to make room for the annex would harm these trees. Negotiations have lead to the annex being removed entirely from the scheme.

The Tower

The tower is a very prominent feature on the city skyline. It is has merit it is its simple form and slender south elevation rises cleanly out of the tree canopy. This is let down by its bulky east and west elevations and stark whiteness of the concrete. Re-cladding the tower in more muted colours would be beneficial.

The cladding will consist of primary glazing panels, enclosing a balcony/terraced area serving each unit. The glazing system will be fixed to the lower level of each floor, with a concertinaed upper window detail. Details and samples of the proposed cladding system are to be controlled through a relevant condition.

The original plans proposed to increase the height of the tower creating two additional floors. This was considered unacceptable, and the plans have been altered to be no higher than the existing plant room, creating a single extra floor which is set back.

The port cochere/entrance cantilever is a strong and important design element of the tower and is clearly visible in long and near views. The original plans proposed to infill this section, however amended plans have been received remodelling the entrance and retaining the form of the entrance.

A new metal frame is to be installed on three elevations of the tower, extending the building by 1.6 metres on the east and west elevations and 2.2 metres on the south elevation. The cladding system/metal structure was originally proposed to just three elevations, and excluded the north elevation, however negotiations have lead to this elevation also being re-clad. This was considered important owing to the north elevation clearly being visible from Broomhill.

226 Main Block

It is important that with the tower remaining and being re-clad, that it is not hemmed in, in both long and near view, with development nearby. The main block originally extended up to 6 storeys and climbed up the slope. This was considered to be problematic and likely to be visible from long views harming the setting of the tower, along with impacting adversely on the amenities of occupiers of neighbouring properties.

Furthermore the nearness of the main block, and the retaining walls to Fulwood Road, damaged the setting of the tower and adjoining properties. The main block projected forward of the existing tower, and sat at odds with the buildings on Chesterwood Road.

Negotiations have lead to the footprint of the main block having been pulled back 5 metres from the boundary facing Chesterwood Road, it has been pulled back up to 8 metres from the Fulwood Road boundary to be brought in line with the Cedars (Located along Chesterwood Road), and substantially reduced in size facing Manchester Road. In turn this has resulted in an additional block, which joins the tower with the main block in the centre of the site.

The external cladding of the proposed main block consists of smooth sawn ashlar stone, aluminium windows/doors, sawn stone mullion details, timber frame work and split faced natural stone. An area of green wall is proposed facing Chesterwood Road, and green roofs are proposed on the majority of the main block.

The design and massing of the main block is consistent with the neighbouring residential developments along Chesterwood Road stepping up the site.

Townhouses

The townhouses originally were shown at four storeys, and were accessed from a private drive running along the north boundary of the site, which were positioned in three rows, and included no private garden space. These have been amended to show the townhouses sitting in a crescent, with public space and access road moved to the front of the townhouses, along with parking provision, and private gardens to the rear backing onto the high boundary wall to the north. The town houses closest to the two existing villas 111 and 113 Manchester Road have been reduced in height to show two storeys to the rear. The town houses have a mono- pitch roof, revealing an additional storey to the front, giving three storeys.

All of the town houses would have an integral garage providing space for 2 vehicles. Single drives are located in front of the garages. The design of the town houses steps down the site following the topography of the site, and have a taken a modern design approach. Good quality materials are proposed including Natural stone, sawn stone, timber decking, aluminium windows, doors and garage doors. Details and samples of the materials can be controlled through a relevant condition.

227 Layout

With respect to hard surfaced areas, there is a substantial reduction from the current situation on site which features surface car parking provision. With the introduction of the basement parking, there will be only one main area of hard standing, which is existing, and would provide 21 visitor parking spaces. A small pull in providing 4 visitors spaces is located close to the access with Manchester Road.

There is currently no public footpath provision through what was the original hotel site, and it is proposed that no public footpath is proposed through the redevelopment of the site. There is an existing public footpath link between Fulwood Road and Manchester Road ‘Tapton Walk’ which is located close to the site. Furthermore, there is no clear external path through the site, partially owing to the level difference, and achieving adoptable highway standards.

Conclusion to design

The revised scheme put forward is a result of detailed negotiations to ensure that the built form and external appearance of the proposed development complements and enhances the Conservation Areas. It is considered that the scale, height and proposed materials of the proposed developments reflect that of the surrounding properties within the conservation areas, with a high quality of design and external appearance through out the scheme.

Furthermore, the design and materials of the proposed buildings are of considerably higher quality than the existing buildings to be demolished which do not contribute positively to the character of the Conservation Areas.

Amenities

Five townhouses back onto 111 and 113 Manchester Road, which are located at the top of the site. The rear elevations of the properties stand at two storeys in height with a mono-pitched roof system. The separation distance of 21 metres between facing windows is achieved at two storeys, and therefore it is considered that no adverse overlooking or overshadowing will be created by these occupiers. Private garden lengths are in excess of 10 metres providing adequate levels of amenities space associated with family housing.

The town houses along the western elevation are positioned approximately 14 metres away from the west boundary. This results in adequate private garden areas. On the other side of this boundary stand the flats within Fairfield Heights. It is understood that along this elevation closest to the boundary, which is approximately 5 metres away, are a number of kitchen windows. These are not considered to be the main primary windows within the flats and furthermore are inadequate distance away from their own boundary. A distance of 19 metres is achieved, which whilst falling short of the 21 metre guideline is considered acceptable, especially as the site of Fairfield Heights is slightly elevated.

228 The tower is positioned away from the boundaries and will not create any adverse levels of overlooking or overshadowing above what that is currently on site. Each apartment within the tower benefits from a terraced/decking area, which can be used year round, with the cladding system being moveable to keep out the elements in winter. This level of amenity space is consistent with other flat developments in Sheffield.

The main block has been pulled back 6 metres from the originally submitted scheme leaving a distance of 16 metres to the boundary with the two blocks of apartments along Chesterwood Road closest to the site. There are no windows in the end gables of the apartments on Chesterwood Road, with the windows in the front and rear being sufficient distance away from the proposed building. Furthermore the windows are at an angle, and it is considered that they do not have a detrimental impact on occupiers of the proposed units or those occupiers of the units within the main block. Each apartment has an external space in the form of balconies.

Landscaping

Guidance regarding the protection of trees is contained with Policy GE15 -Trees and Woodland, which requires developers to retain mature trees, copses and hedgerows wherever possible.

Policy BE6 ‘Landscape Design’ seeks the requirements for good quality landscape design. The site falls in the Conservation Area and therefore the mature trees on the site are protected and are considered important local assets.

The remodelling of the main block has resulted in the retention of the important group of trees in the centre of the site, which, notwithstanding their individual condition, soften the character of the site/tower and integrate into the townscape/landscape.

The removal of the Annex building is such that this proposed building no longer impacts seriously on the large beech tree and line of trees along the frontage of the site facing Fulwood Road.

Towards the eastern edge of the boundary facing Fulwood Road, there is an area of dense tree cover, whilst some thinning of the trees would be welcomed to promote the longevity of the mature trees. Furthermore the pulling back of the main block away from these trees will reduce any future requests for pruning of felling.

Adequate protection also needs to be given to the retained trees during construction, which again can be controlled through a condition, along with a full landscaping scheme before any demolition/works are commenced.

Sedum roofs are proposed on the majority of the main block. This will help to retain and re-use water and release it slowly reducing peak surge demand on the drainage. Additional tree planting acts as a further buffer to the rainwater run-off, by absorption, and also provides solar shading, reducing solar gain.

229 A dense landscaping strip has been proposed along the eastern boundary facing Chesterwood Road. This will help to soften this part of the site which currently consists of the tarmac access road.

Details of a living wall indicated on the east elevation of the main block would also be required to be agreed by condition. This will help soften its appearance and enhance local biodiversity.

Overall, the proposal is considered to be acceptable in regards to its impacts upon trees and woodland and would therefore satisfy the requirements of UDP Policy GE15.

Affordable Housing

Policy H4 ‘Housing for people on low incomes’ of the Unitary Development Plan which was relevant when the application was submitted has been superseded by Core Strategy policy CS 40.

Policy CS40 requires developers of all new housing developments to be required to contribute to the provisions of affordable housing where this is practicable and financially viable. This is covered in more detail by the Affordable Housing - Interim Planning Guidance. (IPG) (2009)

The IPG states that a target level of 30 - 40% affordable housing will apply to developments of 15 or more units. In instances where the applicant does not offer to meet this target, the District Valuers Office is asked to carry out a viability appraisal in order to establish what is thought to be an appropriate level of affordable housing contribution, taking account of an appropriate level of profit

The applicant has supplied a comprehensive development appraisal, which has been independently assessed by the District Valuers Office.

It is acknowledged that the applicant paid 6.3 million pounds for the site, in 2004, when a realistic price to pay and taking consideration of the affordable housing policy at that time would have been approximately 4 million pounds.

Applications are to be determined in line with the most recent guidelines in place at the time of the recommendation, which is now the 2009 Interim Planning Guidance on Affordable Housing. For a scheme to be required to contribute to affordable housing, an acceptable level of developer’s profit of 15% is necessary. The appraisal in this instance shows the project generates a loss.

In order for the scheme to show an acceptable level of developer’s profit of 15% of total costs, the site purchase price would have had to be just under 2 million pounds. Therefore whilst is it acknowledged that the applicant perhaps paid an inflated price for the site, if they had paid a reasonable price in 2004 taking regard of the affordable housing policy in place at that time, they would still not be making over 15% profit, and therefore would not have to contribute to affordable housing under the most recent set of guidelines.

230 The conclusion of this process is that it is not financially viable for the applicant to make any affordable housing contribution for the scheme. Whilst this is not ideal, it is reflective of these difficult economic times and is a situation that will not be unique to this application. It is therefore accepted that the scheme will provide no affordable housing contribution in this instance.

Mobility Housing

Policy H7 ‘Mobility Housing’ encourages the provision of a proportion of mobility housing, which is general purpose housing, suitable for easy adaptation to provide access for disabled people should they choose to live in the dwelling. This has successfully been achieved at a ratio of over 25% within the scheme. The design of the 1 bed and 2 bed apartments comply with the mobility housing criteria.

Open Space

Policy H16 requires that for new housing developments, developers will be required to ensure that there would be sufficient open space to meet the local needs of people living there. For sites over one hectare, a proportion of the site should be laid out as open space, except where the developer makes an appropriate contribution, if needed, to the improvement of existing recreation space in the catchment area of the site, or the provision of recreation space in the catchment area of the site would continue would continue to exceed the minimum guidelines after the development has taken place.

In this instance, the catchment areas for informal and formal space are well below the minimum guidelines required, and therefore a contribution is required. The financial contribution required is £111,935.25 that will be secured by a Planning Obligation under section 106 of the Town and Country Planning Act 1990.

Air Quality

The impact of the development on local air quality with respects to Nitrogen Dioxide and Fine Particles concentrations respectively, is small and not likely to be significant. The impact is unlikely to cause a breach of the National Air Quality Objectives or render unworkable any action on the Air Quality Action Plan.

SUMMARY AND RECOMMENDATION

The application seeks consent for the partial demolition, retention, extension & conversion of the tower, and erection of 2 x 4 storey blocks to create 121 no. 1, 2 & 3 bedroom units and 11 x 3 storey townhouses in grounds, with associated basement car parking,

The proposal is considered to be in keeping with the character of the area in design terms, and enhances and preserves the character of the Conservation Areas. The proposed scheme is considered acceptable in relation to impact on highway safety. The amenities of adjoining occupiers would be safeguarded by the proposal, along with future occupiers of the proposed developments.

231 The applicant has supplied a comprehensive development appraisal, which has been independently assessed by the District Valuers Office. The conclusion of this process is that it is not financially viable for the applicant to make any affordable housing contribution for the scheme.

Overall, the proposals are considered to satisfy the relevant national and local planning guidance, and it is therefore recommended for that planning permission and Conservation Area Consent are granted, subject to the applicant entering into a Planning Obligation under S106 of the Town and Country Planning Act to secure a financial contribution towards enhancement of local open space (Planning Permission only).

HEAD OF TERMS FOR LEGAL AGREEMENT

On or before the commencement of the development, the owner shall pay to the Council, the sum of £111,935.25 to be used towards the provision or enhancement of Open Space within the vicinity of the site.

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