Sheffield City Council Place Report to the City Centre

SHEFFIELD CITY COUNCIL PLACE

REPORT TO THE CITY CENTRE SOUTH AND EAST DATE 25/01/2010 PLANNING AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

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.

09/03941/FUL The Bowery Devonshire Street 7 Sheffield S3 7SG

09/03891/CHU The Howard 57 Howard Street 14 Sheffield S1 2LW

09/03820/FUL B And Q Car Park Queens Road 20 Highfield Sheffield S2 4DR

09/03794/CHU 59 Mather Road Sheffield 25 S9 4GP

09/03765/FUL King Kebab 776 Ecclesall Road 31 Sheffield S11 8TB

09/03692/FUL (Formerly PP- Curtilage Of 15 Rushley Avenue 00905738) Sheffield 36 S17 3EP

09/03683/RG3 Footbridge Across River Don And Flood Defence Works 44 West River Bank Between Cutlers Gate And Blonk Street Five Weirs Walk Sheffield

09/03666/CHU 363 Sharrow Vale Road Sheffield 61 S11 8ZG

09/03596/FUL 101-349 Exeter Drive Sheffield 71 S3 7UB

09/03572/FUL 167-169 West Street Sheffield 79 S1 4EW

09/03566/FUL Boudica Bar 5 Regent Street 89 Sheffield S1 4DA

09/03467/FUL Site Of Plots 40 - 65 Myrtle Road Site (79 -129 Myrtle Crescent) 94

09/03345/FUL Sheffield City Council Warminster Hostel 102 136 Warminster Road Sheffield S8 8PQ

09/03196/FUL (Formerly PP- 484 Staniforth Road 00857583) Sheffield 119 S9 3FW

09/03114/OUT Car Park At 722 Prince Of Wales Road Sheffield 124

09/02862/FUL 575 Attercliffe Road Sheffield 141 S9 3RB

09/02736/FUL Budgens Stores Ltd Unit 14 148 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

08/05890/FUL Land Between Junction With Norton Church Glebe And 31 Matthews Lane 160 Norton Church Road Sheffield

5 6 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE SOUTH and EAST Planning And Highways Area Board Date Of Meeting: 25/01/2010

LIST OF PLANNING APPLICATIONS FOR DECISION OR INFORMATION

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

Case Number 09/03941/FUL

Application Type A Full Planning Application

Proposal Permanent use of extended opening hours following trial period of 3 years. Opening hours to be 0730 to 0030 Sundays to Wednesdays and 0730 to 0130 Thursdays to Saturdays. Between 0030 and 0130 the unit shall not be used for dancing and no amplified music shall be played. (Application under section 73 to vary condition 6 of planning approval 06/03958/FUL)

Location The Bowery Devonshire Street Sheffield S3 7SG

Date Received 17/12/2009

Team CITY CENTRE AND EAST

Applicant/Agent Bowery Entertainment Ltd

Recommendation Grant Conditionally

Subject to:

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

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

7 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 Before the commencement of development, large scale details, including materials and finishes, at a minimum of 1:20 of the items listed below shall be approved in writing by the Local planning Authority:

Windows Doors Parapet wall Eaves Canopies External wall construction

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

In order to ensure an appropriate quality of development.

4 No live music or amplified sound shall be played within the building unless a scheme of sound attenuation works based on the recommendations of section 7 of the BDP noise report reference MRU2000441/1095/RJH has been installed and thereafter retained. Such scheme of works shall be capable of restricting noise breakout from the building to the street to levels not exceeding:

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

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

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

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

5 No 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.

8 6 The building shall only be used for the above mentioned purposes as follows:

a) Between 0730 hours and 0030 hours, Sunday to Wednesday; b) Between 0730 hours and 0130 hours on Thursdays, Fridays and Saturdays; c) Between 0030 and 0130 hours the unit shall not be used for dancing; d) Between 0030 and 0130 hours no amplified music shall be played in the unit without prior written approval from the Local Planning Authority.

In the interests of the amenities of nearby residents.

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) 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.

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 Before the development is commenced, details of any fume extraction equipment shall be submitted to and approved in writing by the Local Planning Authority.

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

9 10 The development shall not be begun until the improvements (which expression shall include traffic control, pedestrian and cycle safety measures) to the highways listed below have either;

a) been carried out; or

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

Highway Improvements: remedial works to existing highway.

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

11 Before the development is commenced, details of any fume extraction equipment shall be submitted to and approved by the Local Planning Authority.

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

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:

S3 - Development in the Central Shopping Core

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

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 1-5 and 7-11 were imposed by planning permission No. 06/03958/FUL and are reproduced on this notice to provide you with a complete record of all conditions, regardless of whether some may have already been discharged.

10 Site Location

11 LOCATION AND PROPOSAL

Members may recall that planning permission was granted in December 2006 for the erection of a two-storey coffee shop and wine bar on land at the junction of Fitzwilliam Street and Devonshire Street, now known as The Bowery (planning application 06/03958/FUL refers). Condition 6 of the planning approval gave consent, for a temporary period of three years, for the premises to stay open until 0030 hours, Sunday to Wednesday and until 0130 hours on Thursdays, Fridays and Saturdays, with restrictions on dancing and amplified music after 0030 hours.

As the temporary extension of opening hours has now lapsed, consent is sought for the permanent variation of condition 6 to allow continued opening until 0130 hours on Thursdays, Fridays and Saturdays.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT AND RECOMMENDATION

The application site lies within the Central Shopping Area as defined in the Unitary Development Plan (UDP). Policy S3 of the UDP (Development in the Central Shopping Area) describes shops, offices used by the public, food and drink outlets and housing as preferred uses in the Central Shopping Area.

In April 2004, the Council adopted the City Centre Living Strategy (CCLS) which seeks to guide future housing development in the City Centre and limit the potential conflict between residents and late night uses. Guideline 10 of the Strategy states that, in certain Quarters, the amenity of residents, during night-time hours, is considered to be important and so, for developments involving pubs, bars and restaurants it is appropriate to restrict opening hours in order to prevent undue disturbance. It advises that, in the Devonshire Quarter, pubs and bars will be permitted to open until 00.30 and restaurants to 01.00 hours.

In October 2005, further interim planning guidance was adopted by the Council in order to help the Planning Service deal with applications for development relating to night time uses in the face of changing liquor licensing legislation. The guidance aims to protect the living conditions of residents by limiting the opportunities for noise and disturbance that might directly affect them. It identifies two specific areas in 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 will be more vigorously controlled are the Heart of the City/Cathedral Quarter and the section of the Devonshire Quarter to the west of Fitzwilliam Street.

As people living in the city centre cannot expect to experience the same levels of quiet as those in suburban areas, the guidance advises that, apart from the two defined areas, the norm will be not to specify a closing time unless it is considered that the living conditions of existing residents will be affected.

The City Centre Living Strategy clearly states that pubs and bars in the Devonshire Quarter will normally be permitted to open until 0030 hours. However, recent changes to the licensing laws have resulted in a number of pubs and bars wanting to open later into the night.

While the CCLS and the amenity of residents are still very much material considerations when considering planning applications, there will be locations in which, in the spirit of the new licensing laws, the granting of a later opening time is considered to be acceptable, particularly where music and dancing do not form part of the operation after the normal 12.30 cut off.

Consent was granted for the Bowery in 2006 with later opening hours Thursday to Saturday for a temporary period of three years, to enable a full assessment to be made of the impact of the extension of opening hours on neighbouring residents. Since then, the Council has not been made aware of any incidents or complaints in connection with the later opening. Therefore, given the restricted nature of the proposed later opening hours and the 12.30 limit on amplified music and dancing, it is recommended that members grant the following variation of condition 6.

6 The building shall only be used for the above mentioned purposes as follows:

In the interests of the amenities of nearby residents.

Case Number 09/03891/CHU

Application Type Planning Application for Change of Use

Proposal Use of pavement as outdoor seating area

Location The Howard 57 Howard Street Sheffield S1 2LW

Date Received 15/12/2009

Team CITY CENTRE AND EAST

Applicant/Agent John Gaunt And Partners

Recommendation Grant Conditionally

Subject to:

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

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

2 The tables and seating shall be kept within the barriers as defined on the approved plan. The barriers shall be positioned such that they maintain a minimum 2 metres clear width between them and the edge of the Paternoster Row carriageway and between them and any street furniture adjoining the carriageway.

In the interests of safe and convenient pedestrian movement.

3 Before the use commences details of the following matters shall be submitted to and approved by the Local Planning Authority. Such details shall be in accordance with the Council’s design detail for screening seating areas. Thereafter the scheme shall be implemented in accordance with the approved details.

a) The layout of tables and chairs b) The location of screens along with the screen materials, screen colour and screen wording. c) Measures to delineate the seating on the pavement. d) A management regime to include details of cleaning and furniture storage.

14 In the interests of the amenity of the locality and in order to protect the setting of the listed building.

4 The external seating area shall be used for the above-mentioned purposes between 1000 and 2300 hours on any day and the furniture shall be stored away inside the building by 2330 hours.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

IB7 - Development in Business Areas BE10 - Design of Streets, Pedestrian Routes, Cycleways & Public Spaces BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

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

15 Site Location

16 LOCATION AND PROPOSAL

The Howard Public House is located at the bottom of Howard Street where it meets Paternoster Row. It has a mock Tudor façade and is listed grade II. Howard Street is pedestrianised up to the junction with Arundel Street and forms part of the Gold route from the railway station to the Heart of the City. The Gold route has been paved in high quality natural materials with street furniture designed in collaboration with artists. It is intended to provide a clear impressive pedestrian route to the City Centre from the main railway station. To the south east of the site Sheaf Street has been remodelled to reduce the road space and provide a high quality pedestrian crossing into Sheaf Square.

The application is seeking permission for an external seating area adjacent to the south east elevation of the building, adjoining Paternoster Row/Pond Street. The identified area can accommodate six tables and 18 seats and will be defined by low moveable barriers similar to those adjoining cafes in the in Peace Gardens.

RELEVANT PLANNING HISTORY

Planning permission was refused in December 2005 for use of land in front of public house as an outdoor seating area, application 05/03249/FUL. The proposed seating area did not leave sufficient space for pedestrians and was not defined, so permission was refused for the following reason.

“The external seating proposed narrows down the footway in a busy pedestrian area and the lack of enclosure is likely to further restrict pedestrian flows and will create a hazard for partially sighted pedestrians. The proposal will therefore be detrimental to convenient pedestrian movement and safety, contrary to Policy BE10 of the Unitary Development Plan.”

Planning permission was granted for use of part of the pavement as an outdoor seating area in February 2008, application number 07/04532/CHU. The consent was subject to conditions controlling the design of the barriers, the layout of the area and the hours of operation. Permission was also granted for a trial period of one year in order to monitor the operation.

A planning application was submitted in 2009 which was seeking permanent consent for the outdoor seating area. Investigations revealed that the use had not been implemented in the previous year and therefore it had not been possible to monitor its operation. Permission was therefore granted in February 2009 for another trial period of year in order to monitor its operation, planning permission 09/00069/FUL.

SUMMARY OF REPRESENTATIONS

None received

PLANNING ASSESSMENT

17 Policy Issues.

The site lies in a Business Area in the Unitary Development Plan. Preferred uses are business (B1) although food and drink uses are also acceptable.

Design Considerations

Policy BE10 relates to the design of streets, pedestrian routes, cycleways and public spaces. This policy also seeks to ensure that street furniture and landscaping is co-ordinated. Policies BE16 and BE19 seek to protect the setting and character of listed buildings and conservation areas.

The creation of a high quality pedestrian route from the Midland Station to the Heart of the City was one of key Projects in the City Centre Masterplan.

In principle it is desirable to encourage outdoor seating to serve food and drink uses as it can add to the vitality of the City Centre and the help to animate the street. However these benefits need to be balanced against the impact on the street scene, on pedestrian safety/movement and on the amenities of any local residents.

The seating on Paternoster Row/Pond Street would be located in a wider area of footpath adjoining the south east elevation of the building. This area has been paved in Yorkstone as part of the Sheaf Street improvements. In this location it is considered that a seating area would not detract significantly from the public realm improvements nor would it have a significant impact on the setting of the listed building or the character of the conservation area.

Access Considerations

Policy BE10 states that where practical and appropriate pedestrian routes and public spaces should be convenient and safe to use for people with disabilities, elderly people, young people, and people with young children.

The main pedestrian flows are straight down Howard Street towards the station. The area around the Paternoster Row pedestrian crossing is well used and the footpath along Paternoster Row is also quite well used as it provides a route to the bus station. The proposed seating area would retain a clear 2m wide footpath, which is considered to be the minimum necessary to accommodate safe and convenient pedestrian flows.

The applicant’s scheme for the Paternoster Row seating area incorporates barriers that are similar in design to those agreed for the Millennium Square seating areas. These have been designed to take into account the needs of disabled people. Further information needs to be submitted on the extent of advertising, colours and precise positioning of the barriers. However there is no reason why this, along with layout of the area, cannot be left to condition. The proposed tables and chairs are suitable for use by disabled people.

Amenity Considerations

There is no residential accommodation close to the site and therefore there is no need to restrict the hours of use of the seating on amenity grounds.

Monitoring of use.

The City Centre Management Team and Police have advised that there have been no significant problems with the operation of the outdoor seating area and they have no objections to a permanent consent being granted.

SUMMARY AND RECOMMENDATION

An outdoor seating area on the Paternoster Row frontage is considered to be acceptable in design, access and amenity terms. The submitted scheme is identical to one approved a year ago. The previous proposal was granted permission for a year to monitor the operation and ensure it is managed in a way that does not detract from the amenity of the area or pedestrian access. The City Centre Management Team and Police no identified any problems with the operation of the seating area over the last year and have no objections to a permanent consent being granted. It is therefore recommended that permission be granted subject to the same controls as previously applied.

Case Number 09/03820/FUL

Application Type A Full Planning Application

Proposal Retention of siting of a mobile catering van selling hot and cold food in a car park

Location B And Q Car Park Queens Road Highfield Sheffield S2 4DR

Date Received 07/12/2009

Team SOUTH

Applicant/Agent C N Promotions

Recommendation Grant Conditionally

Subject to:

1 The catering van shall be removed and the car parking spaces immediately reinstated upon such time that the catering van is no longer required for use.

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

2 At all times that the catering van is open for trading, a suitable receptacle for the disposal of litter shall be provided.

In the interests of the amenities of the locality.

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

Site Plan - Received 7th December 2009 Photographs Received 7th December

unless otherwise authorised in writing by the Local Planning Authority.

Attention is drawn to the following justifications:

20 IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas and to all relevant material considerations, including Supplementary Planning Guidance.

21 Site Location

22 LOCATION AND PROPOSAL

The site consists of 3/4 parking bays within the car park at the B&Q store off Queens Road. Within the main car park the surface treatment is asphalt with sections of soft landscaping and staked trees between bays, including adjacent to the site.

This application seeks retrospective planning permission for the siting of a mobile catering unit within the B&Q car park. The hours of use are Mondays to Saturdays 0900 hours to 1700 hours and on Sundays and Banks Holidays 1000 hours to 1600 hours.

The proposed location of the van is positioned close to the entrance of the store, and as such is set away from the boundary of the site or the main highway. Commercial premises lie immediately opposite the part of the car park within this application.

RELEVANT PLANNING HISTORY

Planning permission was granted in 2000, for the erection of a warehouse. Application No’s 00/00396/OUT and 01/01385/REM. Conditions attached to the permissions include a requirement that the car parking space provided is retained.

Planning permission was granted in 2007 for the siting of a catering van in the car park of B&Q. Application No. 07/01000/FUL. This application related to a different location within the site, and is no longer in use.

SUMMARY OF REPRESENTATIONS

No representations have been received.

PLANNING ASSESSMENT

Policy.

The site lies within a Fringe Industry and Business Area as defined in the adopted Unitary Development Plan. The following policies are most relevant in assessing the merits of the application.

IB6 “Development in Fringe Industry and Business Areas” which lists preferred, acceptable and unacceptable uses. Food and Drink outlets are listed as acceptable uses.

Highways

The size of the car park at B&Q is of such a size (426 spaces) that the loss of 3/4 parking spaces will not create a highway hazard. These bays are located away from the road junction, and are not marked out as disabled or child/parent bays. Therefore no highway issues have arisen from the proposed development.

23 Amenity Issues

The proposal is for a small catering van to be operated Monday to Saturdays 0900 hours to 1700 hours and Sundays and Bank Holidays 1000 hours to 1600 hours. The proposed site is well separated from residential dwellings by approximately 60 metres and is buffered by falling site levels and a Queens Road which experiences high noise levels. It is therefore considered that the proposal will not impact negatively on the amenities of the closest residential dwellings. Furthermore the van is mobile and will be removed every day.

Visual Impact

The mobile catering van is relatively small in nature, and is not considered to have a negative impact on the overall appearance of the building. The proposed site is not directly in front of the stores entrance, and is located close to an area of soft landscaping. The mobile van will be removed on a daily basis, and it will be screened by customer vehicles during opening hours, having no detrimental impact on the character of the street scene.

SUMMARY AND RECOMMENDATION

Due to the location of this particular site, it is considered that its use for parking a catering van during the day, will not be detrimental to traffic/pedestrian safety or the amenities of the area. Therefore it is recommended that planning consent be granted.

Case Number 09/03794/CHU

Application Type Planning Application for Change of Use

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

Location 59 Mather Road Sheffield S9 4GP

Date Received 04/12/2009

Team CITY CENTRE AND EAST

Applicant/Agent Cube Construction And Design

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above-mentioned purpose only between 07.00 hours and 23.30 hours on Monday to Saturday and only between 08.00 hours and 23.00 on Sunday and Bank Holidays.

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

3 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, including details of the filters and the location and sound attenuation to the fan. 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.

4 Prior to the use commencing the pavement and shop entrance shall be re- graded to ensure the step into the shop does not exceed 25mm. The gradient of the ramped entrance shall not exceed 1 in 21.

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

5 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.

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.

26 Site Location

27 LOCATION AND PROPOSAL

The application site is located within a small local shopping parade comprising of 5 shops, with flats above. The shop unit at the eastern end of the parade has been converted into residential accommodation. Acres Hill Primary School is to the north of the site and on the opposite side of Mather Road. To the west of the shopping parade and separated by a service road there is the Half Moon Public House. To the east of the shopping parade there is a block of flats and to the south there are semi detached houses that have gardens which back on to the service road that runs to the rear of the shopping parade. There is a parking/service road immediately in front of the flats which is accessed from Mather Road.

The shop is vacant and was last used as a tanning, beauty and nail studio. There is a flat above the shop and above adjoining shops. Two of the other four shops are vacant, one is used as a takeaway and one as a local grocers/off licence.

Initially the opening hours proposed were 11am until 2pm and 5pm to midnight on Monday to Friday. On Saturday and Sunday the proposed opening hours were 5pm until midnight. A flue is to be erected on the rear elevation which will extend 1m above eaves level.

RELEVANT PLANNING HISTORY

Planning permission was granted for use as a group meeting/drop in centre in July 1997, application number 97/0634P.

A Lawful Use certificate was granted for of the ground floor of number 67/69 Mather road as a hot food takeaway and the first floor as ancillary residential accommodation. The established lawful opening hours are between 5.30pm & 11.30pm, Tuesday to Thursday & 5.30pm to 12.00am Friday to Sunday. This is the unit at the west end of the local shopping parade.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy Issues.

The application site lies in a local shopping parade. Unitary Development Plan policy S7 states that shops are the preferred use, food and drink uses are acceptable. Policy S10 states that changes of use should not lead to a concentration of uses which would prejudice the dominance of preferred uses in an area, or its principle role as a shopping centre.

In this case the planning permission was granted for a non shopping use in 1997 and the last use of the premise as a beauty studio was also not a preferred retail use. Given this, the use of the premises for a takeaway would not affect the

28 balance of retail uses in the local shopping centre. Therefore it can be concluded that there is no objection in principle to the use.

Amenity Issues.

The main amenity issues are likely to be noise and odours. Policy S10 of the Unitary Development Plan states that changes of use in shopping areas should not cause residents to suffer from unacceptable living conditions including noise, or air pollution.

Noise is primarily a concern in terms of impact on the occupiers of the flats above the shops and the occupier of the shop unit converted to residential accommodation. There are two intervening shops and approximately 25m between the application site and the former shop that has been converted to residential accommodation. The approved plans show a living room on the ground floor facing Mather Road with bedrooms at first floor level.

The only other late night uses are the public house, located to the west of the shopping parade and the takeaway at the west end of the terrace of shops. The area surrounding the site is residential in character and in the evenings noise levels will be quite low.

Residents living within and above a local shopping parade must expect to experience more noise and disturbance than would be the case in a wholly residential area. However there needs to be a balance between permitting uses that meet the needs of the local population and protecting the amenity of residents that live within the shopping area.

The risk of noise disturbance is greater where the flat directly above the shop is not occupied by someone involved in the business, as is the case with this particular application. In order to safeguard residential amenity in a location such as this, and in order to ensure consistency across the city, the opening hours would normally be limited to 11.30pm Monday to Saturday and to 11pm on Sundays and Bank Holidays. Clearly in this location residents living above the shops are likely to experience some noise and disturbance from customers visiting the existing takeaway and public house. Investigations have revealed that although the existing takeaway has lawful use consent to open until Midnight on Friday to Sunday, they in fact only open to 11pm. Given this, and the fact that there is an independent flat directly above the premises, there is considered to be a good case for keeping to the standard hours of 11.30pm Monday to Saturday and 11pm on Sundays and Bank Holidays. The applicant has accepted this and amended his application accordingly. With these controls in place it is considered that the level of disturbance to occupiers of the first floor flats will be within acceptable bounds. Given the existing takeaway, this additional facility should not generate significantly more noise disturbance. Limiting the opening hours as described will also help to ensure that there is some consistency across the city.

Odours can be mitigated with an appropriately designed flue. In order to minimise the risk of disamenity due to odour, a condition is proposed that requires details of the fume extract system, including the type of filters and the location of and sound

29 attenuation to the fan. Even with these safeguards in place there is likely to be some impact on occupiers of the adjacent flats, however it is considered that this will be within acceptable bounds.

The flue will be located at the rear and as there are no window openings in the rear roof slope it should only need to extend 1m above eaves level. A similar flue already exists on the rear elevation of the other takeaway and there are also a number of other substantial brick chimneys visible on the rear elevation. Given this context, and as the flue is located on the less prominent rear elevation, its impact on the street scene is not sufficient to justify opposing the application.

The flue is to be fixed to the brickwork between the first floor windows of the flat. In this location it should not have an excessive impact on the outlook from the flat.

Access Issues.

Policy S10 of the Unitary Development Plan states that development should be adequately served by transport facilities; provide safe access to the highway network and appropriate off-street parking.

The applicant is not proposing to alter the existing shop front other than to change the signage. There is a small step into the shop but because the level difference is only small the approach to the door can be re-graded so that wheelchairs can easily access the shop. The applicant has agreed to undertake these works and they are secured by a planning condition. The entrance door is wide enough to allow for wheelchair access.

There is on street parking available on the service road in front of the shops and also on Mather Road itself. It is considered that this will be sufficient to serve the development and there should be no significant impact on traffic safety or amenity impact for local residents. The application site is also reasonably served by public transport.

SUMMARY AND RECOMMENDATION

The proposed change of use is acceptable in principle and will not impact significantly on the character or function of the local shopping centre. It will bring a vacant shop back into use in this underused local shopping parade.

It is a small local shopping centre which is likely to be relatively quiet in the evenings. However there is already an established takeaway that will generate some noise and activity late in the evenings. Given the proximity of this existing takeaway to the application site, it is considered the increase in noise disturbance should not be significant if the opening hours are limited to 11.30pm Monday to Saturday and 11pm on Sundays and Bank Holidays.

A properly designed flue should minimise the impact of odours and given that it is located at the rear it should not have a significant impact on visual amenity.

30 It is therefore recommended that planning consent be granted subject to the listed conditions.

Case Number 09/03765/FUL

Application Type A Full Planning Application

Proposal Alteration of opening times to 01:00 hours Sunday to Thursday and 02:30 hours Friday and Saturday (Application under Section 73 to vary condition 4 of 01/01063/FUL)

Location King Kebab 776 Ecclesall Road Sheffield S11 8TB

Date Received 02/12/2009

Team SOUTH

Applicant/Agent Mr F Yayci

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the use of the building as a hot food takeaway until 00.30 hours on Sundays to Thursdays and 02.30 hours on Fridays and Saturdays would result in an unacceptable level of noise and disturbance to the occupiers of adjacent residential property. As such the proposal is contrary to the aims of Policy S10(b) of the Unitary Development Plan.

31 Site Location

32 LOCATION AND PROPOSAL

The application relates to a mid terrace building close to the junction of Ecclesall Road and Carrington Road. The building falls within a designated Local Shopping Centre as allocated within the adopted Sheffield Unitary Development Plan and is currently used a hot food takeaway.

Immediately to the rear of the site, is Onslow Road which is residential street sitting slightly lower than the application site.

The building has permission to be used as a takeaway between 0900 hours and 2330 hours Mondays to Saturdays and 1830 hours and 2230 hours Sundays and Bank Holidays. Planning permission was refused in 2006 for the extension of hours until 0030 hours Sundays to Thursdays and until 0300 hours Fridays and Saturdays.

This application seeks planning permission to extend the hours of use until 0230 hours Fridays and Saturdays and 0100 hours Sundays to Thursdays.

RELEVANT PLANNING HISTORY

Planning permission was granted for the takeaway use in 1994 (94/0377P). A condition prevented opening on Sundays and Bank Holidays. An application to remove the hours restriction was subsequently refused on the grounds if noise, smells and general disturbance. (95/0188P).

An application to remove the Sunday/Bank Holiday restrictions was again refused and later dismissed at appeal. (96/1141P). Following the general move towards Sunday trading, permission was granted (01/00163/FUL) for the use of the premises for Sundays and Bank Holidays.

Planning permission was refused in May 2006 for the Additional use of shop for the sale of take-away hot food (17:00 - 00:30 hours (Sundays to Thursdays) and 17:00 hours - 03:00 hours (Fridays and Saturdays) Application under Section 73 to vary Condition 4 as imposed by planning permission 01/0163/FUL

SUMMARY OF REPRESENTATIONS

1 representation has been received following neighbour notification of the application from a property on Onslow Road. Issues raised include:

The back of property is constantly in use, with the door open, security light on, staff smoking and socialising in the yard (especially in the summer until 3am) and general clearing up.

PLANNING ASSESSMENT

Policy Issues

33 The site is in an area allocated as a Local Shopping Centre in the Unitary Development Plan. Policy S7 states that a takeaway is an acceptable use, provided certain safeguards are met. Policy S10(b) states, in addition to other requirements, that any use should not cause residents to suffer from unacceptable living conditions, including noise or air pollution.

Amenity Issues

The current authorised use of the premises was assessed against these criteria and was granted planning permission subject to the hours conditions mentioned.

Since the current application seeks to extend the hours of use of the premises, the main considerations in assessing the proposal are the impact on the amenities of the locality and occupiers of residential properties that may result from any later opening, and the possibility of setting some form of precedent for the opening hours of other hot food takeaways in the immediate vicinity to the application site, as well as elsewhere within the shopping centre.

Ecclesall Road is a long and linear road which is clearly delineated into two distinct areas. The lower stretch (city centre end) of Ecclesall Road has always been a popular evening entertainment area, where there are a large number of pubs, bars and restaurants which are very popular with both students and the general population.

It is accepted that background noise levels are consistently high late into the evenings in Ecclesall Road due to passing vehicular and pedestrian traffic. However, the level of activity on this stretch of Ecclesall Road tends to subside when the various food and drink premises close in accordance with their permitted hours of use at 23:30 hours Mondays to Saturdays and 23:00 hours Sundays and Bank Holidays.

Later opening hours will undoubtedly have an impact on the standard of amenity experienced by residents living in close proximity to bars, clubs and pubs. The character of the area can be changed. The period of noisy disturbance from the premise extends beyond the proposed closing time, as customers will be leaving the premises later and possibly entering a previously quiet street/area as they make their way home, return to parked cars etc.

Extending the opening hours of this premises will have the potential to adversely affect the amenity of neighbouring residents. Consideration must also be given to the cumulative effect of a number of premises along this road applying for permission to extend their opening hours.

A license has been recently granted for opening hours of the premises for Sundays to Thursdays until 0100 hours, and Fridays and Saturdays until 0230 hours.

The licensing system and planning controls have different roles to play. The licensing system deals with public safety, prevention of public nuisance, the prevention of crime and disorder and the like. It does not deal directly with effect of residential amenity. This is essentially a matter for the planning system.

Overall, it is considered that the level of amenity enjoyed by occupants of nearby residential property would be significantly harmed by the later opening of the premises.

Highways

It is considered that there will be no impact on highway or pedestrian safety from the extension of hours proposed in this application.

ENFORCEMENT

Previous enforcement action has been undertaken in relation to the current issue of the opening times of the application unit, and breach of conditions in the past.

Enforcement proceedings are currently underway relating to this issue.

SUMMARY AND RECOMMENDATION

The current restriction on the hours of use is considered necessary to maintain adequate residential amenity in the adjoining Housing Areas late at night. The level of noise and disturbance in the street resulting from the later opening hours, particularly when combined with other late night uses likely to arise, would be contrary to Policies S10(b) and H14(k).

In view of the above, it is recommended that variation of the permitted opening hours is refused.

Case Number 09/03692/FUL (Formerly PP-00905738)

Application Type A Full Planning Application

Proposal Erection of a dwellinghouse with integral garage and balcony

Location Curtilage Of 15 Rushley Avenue Sheffield S17 3EP

Date Received 11/12/2009

Team SOUTH

Applicant/Agent Birkett Cole Lowe Architects

Recommendation Grant Conditionally

Subject to:

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

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

2 Before the development is commenced 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 the interests of traffic safety and the amenities of the locality.

3 The dwelling shall not be used unless the car parking accommodation as shown on the approved plans for the existing and proposed dwelling 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.

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.

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Part 1 (Classes A to E inclusive), Part

36 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 dwelling shall be constructed without prior planning permission being obtained from the Local Planning Authority.

In the interests of the visual amenities of the locality.

6 Before any work on site is commenced, measures to protect the existing trees, shrubs and 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.

In the interests of the amenities of the locality.

7 The applicant is required to submit details of the extension of Rushley Avenue to provide access to the proposed new dwellinghouse before development is commenced. Thereafter the extension to Rushley Avenue shall be carried out in accordance with the approved details.

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

8 The development must be carried out in complete accordance with the following approved documents,

Location and Site Plan 3433 (0-_01 received on 04 December 2009 Floor Plan 3433(0-_02 received on 04 December 2009 Elevations and Sections 3433 (0-_03 received on 04 December 2009

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments

37 BE5 - Building Design and Siting CS63 Responses to Climate Change

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.

2. 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. 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

LOCATION AND PROPOSAL

The application relates to a part of the curtilage of 15 Rushley Avenue. Rushley Avenue/Road consists primarily of two storey detached dwelling houses, of varying styles, designs and materials, which date back to the 1950’s and 1960’s.

The application site is bounded by No 15 to the west, a hedgerow to the north, a low dry stone wall to the east and south. The low dry stone wall to the east forms the boundary of where the Housing Area and Green Belt meet as allocated within the adopted Sheffield Unitary Development Plan, with the application site falling within a Housing Area, and the farm land falling within the Green Belt.

It is proposed to build a two storey detached dwelling house on the site. The dwelling proposes two bedrooms, utility, study and integral garage to the ground floor, with open plan lounge, dining and kitchen to the first floor. The dwelling is modern in appearance, and is built around a timber frame, with a “barrel vault” roof which is to be covered in sedum and grasses, clay facing brickwork with sections of render to the upper floors, and timber framed windows and doors.

RELEVANT PLANNING HISTORY

There is no relevant planning history to this site, however two applications have been granted at the host dwelling.

Planning permission was granted in 2005 and 2009 for a two storey side extension to dwelling house including garage. Application No’s 05/04093/FUL and 09/01460/FUL.

SUMMARY OF REPRESENTATIONS

1 representation has been received following neighbour notification of the application. Issues raised include:

− The modern style of the dwelling is out of place in a road that consists of homes built in the 1950’s and 1960’s. − The construction is completely different to the existing houses and is too close to No 15. − The proposed dwelling will be unsightly and obstruct views from neighbouring properties opposite.

PLANNING ASSESSMENT

Policy Issues

The area is designated as a Housing Policy Area within the adopted Sheffield Unitary Development Plan. As such the principle of the site being redeveloped for additional housing is acceptable in accordance with the provisions of Policy H10 (Development in Housing Areas) thereof. However the development proposal

40 must also be assessed against the provisions of Policy H14 (Conditions on Development in Housing Areas).

Policy H14 states In Housing Areas, new development or change of use will be permitted provided that; (a) new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and (b) new development would be well laid out with all new roads serving more than five dwellings being of an adoptable standard; 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;

Policy H15 ‘Design of New Housing Developments’ states: The design of new housing developments will be expected to: (b) provide adequate private garden spaces or communal open space to ensure that basic standards of daylight, privacy, security and outlook are met for all residents

Policies BE5 further emphasize the need for good design. It states that development should be of a scale appropriate to the site and that would not harm the character and appearance of the area/ setting of the conservation area.

Policy CS63 of the Core Strategy ‘Responses to Climate Change’ seeks to reduce the city’s impact on climate change, through a number of factors including designing developments to increase energy efficiency and reduce energy consumption and carbon emissions.

The guidelines set out within the Designing House Extensions – Supplementary Planning Guidance are targeted at house extensions. However, it also serves to set parameters and guideline which are helpful in assessing applications of this nature.

Of particular interest are Guidelines 1; Extensions should be compatible with the character and built form of the area, Guideline 4; Overdevelopment of a house plot with extensions that leave little garden space will not be permitted. It is stated that a garden size of 50sq m would be expected for a two+ bedroom house. Also a minimum distance to the back boundary of 10m is required; Guideline 5; Unreasonable overshadowing and over dominance of neighbouring dwellings should be avoided, as should serious reductions in the lighting and outlook of the dwelling to be extended. It is stated that a minimum separation of 12m from ground floor main windows at a neighbour should not be nearer than 12m to a blank gable elevation, with a 45 degree rule being applied for adjacent sites, and Guideline 6; Extensions should protect and maintain minimum levels of privacy. A minimum distance of 21m is required between facing main windows, or on sloping land.

Highways Issues

41 The existing dwelling at No 15 benefits from a single garage with double width driveway, which is to be retained, and used in connection with No. 15 providing sufficient off road parking.

It is proposed to utilise a secondary access to the existing dwelling at No 15, which currently features a double set of gates, leading to an area of hard standing which is currently occupied by a caravan.

It is proposed that the new dwelling will have a single garage measuring 3.1 metres wide x 5.6 metres long, and a driveway 5 metres long.

It is considered that adequate off street car parking is provided, having no detrimental impact on Rushley Avenue. Conditions can ensure appropriate materials, construction, gradients, and parking being provided and retained.

Design and Sustainability Issues

The surrounding street scene consists primarily of large detached dwellings fronting onto Rushley Avenue and Rushley Drive. It is accepted that the proposed dwelling will introduce a new architectural approach to a dwelling house, within the existing street scene. However, considering the existing mix of dwelling types/styles (albeit dating back to the 1950’s and 1960’s), it is not felt that a further additional style would appear incongruous.

Furthermore, the application site is located at the end of the road, and would be read in conjunction with No 15, and the Green Belt. The proposed dwelling is set approximately 1.5 metres lower than No 15, with the ground floor clad in brick work to match No. 15, and the green roof forming a natural element in the landscape, respecting the adjacent Green Belt.

It is considered that this is a fresh approach to the site, that would produce a dwelling very much of its time. The design responds well to the natural topography and the building takes full advantage of the opportunities offered by the orientation of the site.

The building features a number of sustainable materials including a green roof, timber frame structure, and high levels of insulation. It is also intended to install micro generation in the future, which satisfies Policy CS63 ‘Climate Change’.

The existing site boundaries are to be retained, with a new close boarded timber fence to separate the new dwelling and the existing dwelling at No. 15.

The proposed dwelling is considered to be of a high quality design which would enhance the character and appearance of the street. Moreover, it is considered that the proposed scale, massing, built form, materials and details are satisfactory with regards to the Council’s UDP policies, H14, BE5 and SPG guidelines.

Amenity Issues

42 Supplementary Planning Guidance, Designing Household Extensions contains a framework of guidelines for house extensions. Whilst this cannot be directly applied to the erection of dwelling houses, the principles can be used.

The SPG states that an adequate level of private garden space should be provided measuring at least 50 metres with a distance of 10 metres to the rear boundary. The existing property No. 15 benefits from over 330 square metres with 22 metres to the rear boundary. Occupiers of the proposed property have over 220 square metres of private garden space, again exceeding this requirement, with 22 metres to the rear boundary.

Occupiers of the proposed new dwelling will not experience any adverse overlooking or overshadowing, with a good outlook from habitable windows, which are not overshadowed.

Two high level roof lights are proposed above the proposed staircase, which face directly onto the side gable of No. 15. Owing to the level differences and high level position of the roof light, it is not considered any adverse overlooking will be created.

The proposed balcony faces east directly towards the Green Belt, and as such does not overlook any adjoining properties.

It is not considered that any adverse overshadowing or overbearing will be created from the erection of the application dwelling, to either occupiers of the proposed dwelling or the adjacent dwelling at No. 15.

SUMMARY AND RECOMMENDATION

The site is allocated as falling within a housing area as defined in the Sheffield Unitary Development Plan, and as such the principle of the erection of an additional dwelling on the site is acceptable.

The proposal does not adversely impact on the amenities of occupiers of neighbouring properties and provides a good level of amenity to occupiers of the proposed dwellings.

Case Number 09/03683/RG3

Application Type Application Submitted by the Council

Proposal Construction of footbridge over the River Don incorporating flood defence measures

Location Footbridge Across River Don And Flood Defence Works West River Bank Between Cutlers Gate And Blonk Street Five Weirs Walk Sheffield

Date Received 24/11/2009

Team CITY CENTRE AND EAST

Applicant/Agent Sheffield City Council

Recommendation Grant Conditionally

Subject to:

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

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

2 The development must be carried out in complete accordance with the following approved documents: Plans PL/02447/ST2 Rev B, PL/02447/ST3 Rev B, PL/02447/ST10, PL/02447/ST11, PL/02447/ST12, PL/02447/ST13, PL/02447/ST14 unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 Prior to the commencement of development, further details of the following items shall be submitted to and approved in writing by the Local Planning Authority:

(a) Details of the colour of the tubular steel to be used in the construction of the bridge; (b) Manufacturers details of the surface treatment of the deck and footway on the bridge and surface finish on the landing onto both Wicker Riverside and the former Smithfield’s Market site. Such details shall have regard to the palette zone map within the Council’s Urban Design Compendium;

44 (c) Materials to be used, including samples where appropriate, in the construction of the flood defences.

To ensure an appropriate quality of development in accordance with Policy BE5 of the Adopted Unitary Development Plan and Policy CS74 of the Core Strategy.

4 Before any work on site is commenced, a comprehensive and detailed hard and soft landscape scheme for the landscaped areas within the boundary of the application site, to include details of paving materials and any planting, shall be 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.

5 Before any work on site is commenced, details of existing trees to be retained on site (to include a plan) and measures to protect such trees 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.

6 Prior to the commencement of development, further details of a habitat management strategy to ensure that the recommendations set out in paragraphs 4.1.2, 4.2.6, 4.3.2 and 4.3.3 of the Extended Phase 1 Habitat Survey (Andrew McCarthy Associates Issue 00) are implemented shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be implemented in accordance with the recommendations of this report.

To comply with the objectives of Policy GE17 of the Unitary Development Plan and Policy CS73 of the Core Strategy with regard to the Green Network.

45 7 The development authorised by this permission shall not commence until the Local Planning Authority has approved in writing a full scheme of works for the following:

1. Details of the removal of Japanese Knotweed; 2. A planting scheme to mitigate the re-growth of Japanese Knotweed and ensure stability of the riverbank and a phasing strategy for implementation of the planting scheme following the removal of Japanese Knotweed; 3. Details of illumination levels and hours of operation of the proposed lighting, which must have regard the ecological impact of light pollution on bat foraging activities.

The footbridge shall not be used by the public until these works have been completed in accordance with the Local Planning Authority's approval or within an alternative timescale to be first agreed in writing with the Local Planning Authority and have been certified in writing as complete by or on behalf of the Local Planning Authority.

To ensure an appropriate landscape and ecological treatment to the River Don in accordance with Policy GE17 of the Adopted Unitary Development Plan and Policy CS73 of the Core Strategy.

8 Prior to the commencement of development, further detail of the proposed lighting to the footbridge, to include the location and type of lighting proposed (manufacturer’s details) 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.

9 Prior to the commencement of development, further details of a management strategy in relation to the provision of the demountable panels to be fitted to the break in the wall created by the bridge to the western bank in appropriate periods of flood risk. The development will then be implemented in accordance with the approved strategy.

To ensure that flood risk has been fully considered in accordance with Policy GE20 of the Unitary Development Plan and Policy CS67 of the Core Strategy.

10 Prior to the commencement of development, further details of the design of the parapet wall to the flood defence terrace extension, with particular regard to the coping detail to ensure that there is a 2 metre clear width of footway and the design and appearance of the perforated metal infill panels 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.

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

46 11 Prior to the commencement of development, further details of the proposed boundary fencing adjoining the flood defence wall between Cutlers Gate and No.126 The Wicker 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.

12 Prior to the commencement of development, further details of a public art strategy for inclusion within the development site shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include details of a timescale for the delivery of the public art and it shall then be implemented in accordance with the approved strategy.

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.

13 No development work, including ground clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation that has been submitted to and approved in writing by the Local Planning Authority.

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

Attention is drawn to the following justifications:

GE17 - Rivers and Streams GE20 - Flood Defence BE5 - Building Design and Siting CS67 - Flood Risk Management CS74 - Design Principles Wicker Riverside Action Plan

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.

48 Site Location

49 INTRODUCTION

In April 2009, planning permission was granted for the construction of a butterfly footbridge across the River Don on a skewed alignment from the corner of the recently completed Wicker Riverside development on the west bank of the River Don to the eastern bank, adjacent to the former Smithfield market site (08/05918/RG3). This bridge had a span of approximately 90 metres and was designed to a bridge deck width of 5.1 metres with the pedestrian route at a width of 3 metres. It followed a butterfly design, which effectively comprises arched trusses that are canted to create an open arched form. The arched trusses projected a distance of approximately 5.3 metres from each side of the bridge deck and to a height of approximately 6.3 metres.

Following further design, budget and flood defence analysis, the applicant, Sheffield City Council, have developed a revised bridge design that is positioned in a straighter alignment across the River Don at approximately 20 metres to the north of the corner of the recently completed Wicker Riverside development on the west bank. On the eastern bank, the bridge lands in the same position as the previously approved bridge to connect with a route through the Smithfield site to Furnival Road. The scale of the bridge has also been reduced such that the revised alignment results in a bridge span of approximately 40 metres. The bridge deck width has been reduced to 2.4 meters and the ached trusses now project only 1.7 metres from each side of the bridge deck to a maximum height of approximately 6 metres.

The revised location and form of the bridge, as well as the introduction of flood defence works to the eastern bank of the River Don require the submission of a new planning application, which is considered below.

LOCATION AND PROPOSAL

This application relates to a stretch of the River Don approximately 19 metres to the south of the Inner Ring Road Bridge at Cutlers Gate. To the west of the site is Artisan’s recently completed Wicker Riverside development, which comprises ground floor retail units fronting the River with residential units above (06/01153/FUL). Adjacent to Wicker Riverside to the north is a car park with access from the Wicker via Willey Street and Sheldon Row. To the south is the Priority Sites office development. On the east side of the River Don, adjoining the application site, lies the former Smithfield market site, which has planning permission for the construction of two hotels; a 9 storey 5* hotel with 198 bedrooms and an 8-storey 3* hotel with 161 bedrooms (07/03647/FUL). The Smithfield site is bounded to the north by the A61 inner ring road (Cutlers Gate), to the east by Victoria Station Road and Furnival Road and to the south by NCP multi-storey car park with access onto Furnival Road. The Grade II listed Victoria Station Road is exclusively used as an access road and for surface parking in connection with the Grade II Listed Royal Victoria Holiday Inn.

The River Don in this location is approximately 40 metres in width and has been the subject of extensive clearance by the Environment Agency to remove any debris following the flooding in June 2007, which is still on-going. The eastern

50 bank of the river channel adjacent to the Smithfield site is reinforced with an 8- metre high vertical stone wall with limited planting. The western bank is shallow and presently comprises areas of soft planting with a number of willow trees adjacent to the Wicker Riverside development. The Five Weirs Walk also runs at a low level along the western bank.

This is a full planning application submitted by Sheffield City Council for the construction of a new pedestrian footbridge across the River Don to connect Furnival Road on the eastern bank of the River Don to the Wicker on the western bank. The footbridge is on an approximate east-west alignment and will connect from the Wicker via Willey Street to Furnival Road, via a proposed public space between the two proposed hotels outlined above.

The footbridge has a span of approximately 40 metres. It is designed with a bridge deck width of 2.4 metres and the pedestrian route at a width of 2 metres. The bridge follows a butterfly design, which effectively comprises arched trusses that are canted to create an open arched form, which alludes to the idea of butterfly wings. The arched trusses project a distance of approximately 1.7 metres from each side of the bridge deck and to a maximum height of approximately 6.0 metres such that the total width of the bridge span at the highest point of the ‘wings’ is 5.8 metres. The bridge ‘superstructure’ is to be constructed in painted tubular steel. The parapets to the bridge, landing, stairs and ramp will also be constructed in tubular steel incorporating stainless steel woven wire infill panels. The bridge deck is to be steel plated with a bonded non-slip aggregate finish.

This application also includes the provision of flood defence works on the eastern bank of the river adjacent to Wicker Riverside. The works comprise three specific flood defence measures, as follows:

(i) An extension to the terrace that forms part of the Wicker Riverside development and presently serves the ground floor retail units. The new flood defence terrace will extend the existing terrace by a length of approximately 31.7 metres from the Wicker Riverside building towards Cutlers Gate. It will effectively form a retaining wall adjacent to the Five Weirs Walk of between 2.6 and 2.8 metres in height above which a 1.2 parapet with perforated metal panels will be installed. Within the retaining wall, 9 x 900mm x 900mm cast iron flap valves will be inserted to facilitate the return of overland flood flow into the River Don. The terrace will connect into the Wicker Riverside development and also into a new ramp, for which planning permission has already been granted (09/02988/FUL) that will be constructed adjacent to the Wicker Riverside building to provide an accessible ramp to the retail and residential units and to the new bridge from Willey Street because the ramp will also connect into a footway above the extended terrace to provide access to the bridge. A set of steps at the end of the terrace, adjacent to the bridge, will provide a further access route into the car park at Sheldon Row.

(ii) The provision of a new ramp positioned at the rear of the Sheldon Row car park from the Five Weirs Walk to Cutlers Gate Bridge. The ramp

51 incorporates a flood defence barrier along the boundary with the car park comprising a 2 metre high stone-faced wall.

(iii) The final flood defence measure comprises a new brick faced flood wall adjacent to the Five Weirs Walk to the rear of the ACE Business Centre and 120 to 126 The Wicker and also adjoining the link from the River to the Wicker between 126 The Wicker and the Wicker Arches. There is presently a 1.8 metre fence along the boundary of the Five Weirs Walk, which will be removed and re-erected to screen the flood wall.

It is relevant to note than on the eastern bank, the bridge will over-sail the Five Weirs Walk to land at a height of 48.25 AOD, which is the level of the extended terrace. This ensures a minimum headroom clearance above the Five Weirs Walk of 2.4 metres as the Walk lies at a lower level of 45.6 AOD.

On the western bank, the bridge will break into the existing riverside wall and land at the threshold level at a height of 47.650 AOD, which is consistent with the basement level of the car park to the proposed hotel. Demountable panels will be provided for fitting between the posts of the parapets to the new wall opening to provide a comparable level of flood protection as the existing wall.

The span of the bridge and the bridge soffit has been designed to lie above the Design Flood Level (DFL) of 47.050 AOD and is actually above the DFL + 600mm level.

The footbridge is designed for pedestrians only. The possibility of accommodating cyclists on the bridge was considered at an early design stage but was excluded as it would have required segregated routes, which impacts significantly on deck width and cost. However, no specific measures other than the limited deck width are proposed to limit cyclists. Gradients on the bridge deck extend to a maximum of 1:20 and handrails are proposed to both sides to facilitate access for all. Functional lighting is also proposed on the bridge to illuminate the walkway with feature lighting to be incorporated onto the main arch and soffit.

Finally, it is relevant to note that the proposed footbridge provides a safe accessible route from the Wicker area in times of flood, which has been identified in the Council’s Level 2 Strategic Flood Risk Assessment (SFRA) for the Nursery Street and Wicker area.

RELEVANT PLANNING HISTORY

The most relevant planning history is summarised below:

08/05918/RG3: Construction of a footbridge over the River Don. Approved: 05.04.2009

SUMMARY OF REPRESENTATIONS

52 The application was advertised by means of neighbour notification and also by a site notice and press notice as a development affecting the setting of a Listed Building. No representations have been received to date

With regard to the statutory consultation process, the Environment Agency has confirmed that there are no objections to the application on the grounds of flood risk.

PLANNING ASSESSMENT

This application proposes the construction of a new pedestrian footbridge over the River Don to create a pedestrian route from Furnival Road on the east side of the river to The Wicker on the west side. The principle issues to consider in the determination of this application include the following: i. Principle of development: Policy and Land Use; ii. Design; iii. Flood Risk; iv. Accessibility; v. Ecology; vi. Archaeology vii. Highways.

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

Principle of development: Policy and Land Use.

The River Don is designated as a Waterway within the Sheffield Adopted Unitary Development Plan. Policy GE17 of the UDP relates specifically to rivers and streams and advises that as part of the development of the Green Network, all rivers and streams will be protected and enhanced for the benefit of wildlife and, where appropriate, for public access and recreation. The principal of constructing a bridge across the River Don is not considered to conflict with the objectives of Policy GE17. Indeed, the bridge will promote improved pedestrian access to the River and provide an important link across the City between the east and west banks. The means to enhance wildlife as a result of the Bridge proposal is considered further in the report below. However, in principle, it is considered that the introduction of a bridge across the River Don accords with the aspirations of Policy GE17 to enhance public access and recreation to the waterways and is therefore in accordance with the UDP.

Within the Sheffield Development Framework Core Strategy, it is acknowledged that Sheffield’s main rivers are one of the most distinctive and valued features of the City. Policy CS73 advises that within and close to urban areas, the Strategic Green Network, which will follow the rivers and streams of the main valleys including the Don, will be maintained, and where possible, enhanced. It is not considered that the proposed Bridge across the River Don will detract from the Green Network and will, in fact, promote access to and across the River Don,

53 which is considered to be of benefit to the wider area. The proposal is therefore considered to accord with Policy CS73 of the Core Strategy.

The application site also lies within the boundary of the Wicker Riverside Action Plan, which was published in 2007 and is designed to set out a framework for the long-term development of the Nursery Street and Wicker area and to inform the preparation of the Sheffield Development Framework (SDF), which will replace the UDP in due course. The Action Plan is a material consideration in the determination of any planning application pending the adoption of relevant SDF documents. Significantly, the Action Plan specifically identifies the need for a new footbridge to improve links between Kelham, Wicker and Victoria Quays, which is also highlighted as a priority project within the delivery section of the Plan and as well as on the Urban Design Framework map. As such, the proposed development is fully in accordance with the principles of the Wicker Riverside Action Plan.

Design

Policy BE5 of the UDP seeks to achieve good design and the use of good quality materials with a respect for the scale, form and architectural character of the area. In addition, Policy CS74 of the SDF Core Strategy, which relates to design principles, advises that high-quality development will be expected.

The proposed bridge comprises a butterfly design with trusses that are canted from the bridge deck to create an open arch form. It is constructed in painted tubular steel, which provides a relatively lightweight structure over the River Don.

It is acknowledged that the butterfly bridge design is not unique in appearance and it is also noted that the scale of the proposed bridge is significantly reduced from that previously approved, principally in terms of the projection and splay of the arched trusses such that this proposal is more moderate in size. However, it is considered that the proposed bridge is modern in appearance, which is appropriate in this context given the character of adjoining developments.

Moreover, it is also acknowledged that whilst a tubular steel construction is relatively simple in form, if appropriately treated in terms of its colour and the introduction of a degree of external lighting, it is considered that the bridge will be sympathetic to the regeneration of the adjoining riverbanks and the revised approach will also ensure that the bridge can be delivered. Further details of the colour treatment and lighting of the bridge will be secured by means of a planning condition.

It is also relevant to consider the visual impact of the flood defence works along the banks of the River Don. In this instance, it is noted that the defence works between the Wicker Riverside development and Cutlers Gate principally comprise the construction of a retaining wall of between 2.6 metres and 2.8 metres in height with a parapet above. This scale of structure is quite significant adjoining a public footway (Five Weirs Walk) but the visual impact of the proposal must be balanced against the need for flood defence measures in this location, which must, by definition, be suitable to address the flood risk. It is noted that the retaining wall is to be constructed with a stone face, to match the treatment to the Wicker Riverside

54 terrace. This approach is considered acceptable and will deliver a consistent appearance to the area. Furthermore, the introduction of public art within this area will also be considered as part of a condition of this application to determine whether there is scope to increase the visual interest of the retaining wall and minimise any overbearing impact on pedestrians on the Five Weirs Walk.

The flood defence measures to the area between Cutlers Bridge and the Wicker Arches will have less impact on the grounds that the application proposes a retaining wall to which a new fence will be installed to the same height as an existing fence. On balance, therefore, taking into account the clear need for flood defence measures in this location, the proposed measures are considered visually acceptable and to a sufficient standard of design.

It is therefore concluded that the proposed bridge and flood defence measures are suitable for their function and are appropriate in scale and form to the surrounding area. On this basis, the application is deemed to accord with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

Flood Risk

Policy GE20 of the UDP advises that development will not be permitted where flooding risks to it or to existing development would not be overcome by suitable on-site protective measures and where necessary, off-site flood prevention measures will be required. In addition, Policy CS67 of the SDF Core Strategy relates to flood risk management and provides guidance on how to reduce the extent and impact of flooding such as requiring that all developments significantly limit surface water run-off and that adequate on and off site flood protection measures would be provided. Consequently, and in accordance with Planning Policy Statement 25: Planning and Flood Risk, the applicant has submitted a Flood Risk Assessment (FRA) with the application.

The FRA notes that the former Smithfield Market site and the Wicker currently lie within both Flood Zone 2 (medium probability of flooding) and Flood Zone 3a (high probability of flooding). It also highlights the findings of the City’s Strategic Flood Risk Assessment Level 2 Report for Nursery Street and the Wicker, which identifies the current flood hazard risk as low for the Wicker, Willey Street and Sheldon Row area, although it recommends the provision of safe evacuation routes, which the proposed bridge will provide.

The FRA does consider the flood event in June 2007 and notes that water is understood to have reached 47.11 metres AOD in the vicinity of the site. It also advises that after calibration of the computer modelling of the river and the terrain, the June 2007 flood corresponded approximately to a storm event that has a probability of occurring or being exceeded in any one year of 1 in 100. A rainfall event of this severity has therefore been used for the assessment of the impact of fluvial flooding on new infrastructure, such as this proposed bridge.

The Design Flood Level (DFL) for the proposed footbridge is 47.05 metres AOD, which is based on a rainfall event with a probability of annual exceedance of 1% and including the anticipated effects of climate change on rainfall, future upstream

55 flood defence improvements and a potential deterioration in the flood flow characteristics of the river channel. The footbridge lies above the DFL at 48.6 metres AOD at the central crossing point with the east and west bank landing points at 47.65 metres AOD and 48.25 metres AOD respectively, which are again above the flood level reached in 2007.

The supporting structures are located behind the existing river wall on the eastern bank and behind the line of the recently constructed retaining wall to the Wicker Riverside development on the west bank to ensure that there is no encroachment into the flood channel width and no potential impact on upstream flood flow levels.

The FRA also considers the off-site impacts of both the bridge and the flood defence structures. It concludes that no impact is anticipated as a result of the bridge construction on the Wicker Riverside development. With regard to Willey Street and Sheldon Row, the FRA determines that the construction of the flood defence structure will allow the overland flood flow to return to the river across the car park area in the event of overtopping of upstream river defences on Nursery Street, as occurred in June 2007.

On the east bank of the river, in the vicinity of the Smithfield’s market site, an opening is to be formed in the existing stone wall to allow the bridge deck to tie into the proposed paving level for the approved hotel development. The proposed level at the tie-in is 47.650 metres AOD, which is approximately 350mm above the general paving levels on the development, resulting in freeboard level (the distance between normal water level and the top of a structure) of 600mm above Design Flood Level at the opening. This freeboard is greater than the 300mm minimum recommended by the Environment Agency and consequently, the construction of the footbridge is not anticipated to have any flood related impact on the proposed hotel development.

The installation of the flood defences to the north of Cutlers Gate will allow the overland flow to return to the river across the ACE Centre car park in the event of the overtopping of upstream or downstream river defences, as happened in June 2007.

Finally, the FRA considers the flood defence works and their role in flood risk management. It proposes the installation of a debris fender beam at the eastern end of the bridge deck to deflect any floating debris into the part of the channel where there is sufficient clearance. The fender beam will be approximately 3 metres above river water level in normal flow conditions. The application will also seek to install demountable flood defence panels on the eastern riverside wall to fit between the posts of the parapets around the opening to provide a comparable level to the existing protection, if and when required. Finally, the flood defence structure to Sheldon Row will incorporate a series of openings to allow overland flood flow to return to the river.

The FRA does note that the Willey Street/Sheldon Row car park will continue to be vulnerable from overland flood flow from overtopping of the upstream river bank on Nursery Street as will the premises north of Cutlers Gate from overland flow from

56 overtopping of the upstream or downstream river banks but these issues will have to be addressed in future food defence proposals.

Overall, the Flood Risk Assessment is considered to demonstrate that the proposed bridge and flood defence works will not be affected by current or future flooding from any source, is safe and where possible, reduces flood risk overall and will not increase flood risk elsewhere. On this basis, the proposed footbridge and flood defence measures are considered to accord with Policy GE20 of the UDP, Policy CS67 of the Core Strategy and guidance within PPS25 and are therefore considered acceptable.

Accessibility

Policy T8 of the UDP relates to pedestrian routes and advises that the safety, convenience and attractiveness of footpaths and pedestrian areas will be improved and new routes and areas created to form a pedestrian friendly network through the City. In this case, the proposed footbridge will provide an important connection between the Kelham and Wicker Riverside area to the Victoria Quays quarter of the City, an aspiration that is highlighted as a key objective within the Wicker Riverside Action Plan and is also clearly consistent with Policy T8 of the UDP.

It is also relevant to consider whether the footbridge is accessible to all. The footbridge extends to two metres in width, which is sufficient for pedestrians and mobility vehicles. It is not specifically designed for cyclists, which would require a much wider demarcated route, although no specific barriers are to be installed to limit cyclists other than the width of the bridge. This is on the grounds that any barriers might also limit other mobility and maintenance vehicles and this approach is also consistent with other river crossings and routes in the City, such as the Riverside and Five Weirs Walk.

The Design and Access Statement clarifies that the gradients on the bridge deck will be limited to a maximum of 1 in 20 with handrails to both sides and further handrails at the opening to the bridge on the eastern bank. Although a gradient of less than 1:20 would be preferred in terms of inclusive mobility, the applicant has advised that the profile of the bridge is a balance between maximising clearance over the Design Flood Level and ease of mobility. The bridge deck has a maximum gradient of 5% at each side, which is in accordance with DDA guidance produced by the Highways Agency. This approach is considered reasonable and the gradient is therefore acceptable in principle. Furthermore, the bridge deck will also comprise steel plating with a bonded non-slip aggregate finish, which is intended to ensure that the bridge is accessible to all.

The impact of the flood defence measures on accessibility has also been considered. Although the principle of the flood defence measures do not impact upon accessible routes through the area, further details of the coping design to the parapet on the terrace extension (to ensure that there are no trip hazards) and the design and opaqueness of the infill panels to the parapet are considered necessary and will be secured by means of a planning condition.

57 The proposed footbridge and flood defence works are therefore considered to be inclusive and accessible and are acceptable subject to the conditions outlined above.

Ecology

The application includes an Extended Phase 1 Habitat and Survey and a Landscape Condition Survey to consider the bio-diversity and landscape value of the site.

The Habitat Survey was actually undertaken in August 2007 but is still consider valid, as the environment has not changed significantly since that time. It highlights the following findings:

− The River Don and vegetation along the western river banks are know to provide a foraging resource for low numbers of common Pipistrelle bats. The Cutlers Gate Bridge is also considered to have low potential value to roosting bats. The Survey also identifies the possibility that a culvert within the eastern riverbank, which runs beneath the Smithfield Market site, is used as a commuting route for bats and although not directly affected by the work, the eastern bridge abutment is very close to it. For this reason, it is advised that works in this region should be strictly limited to daylight hours, stopping before dusk and not directly illuminating the culvert entrance at any time; − Evidence of otters within the area, which should be considered in the construction phase; − Limited potential for badger and water vole on the eastern bank; − No evidence of badgers or great crested newts; − A limited range of common and urban riverside species of birds such that care should be taken to check the status of known nests prior to the onset of development; − Evidence of Japanese Knotweed on the western bank of the river.

The Habitat Report includes a number of recommendations, including a restriction on tree and vegetation removal to the minimum required, the sensitive positioning of lighting, the removal of Japanese Knotweed and working hours appropriate to the site so as not to disturb the potential bat habitats. On the basis that the proposed development is undertaken in accordance with these recommendations, which will form a condition of this application, it is considered that there will be no detrimental impact on the existing habitat.

The application also provides an up-to-date tree survey (prepared November 2009), which confirms that there are a group of trees on the western bank of the River don, comprising Willow, Sycamore and Wych Elm that are covered by a Tree Preservation Order. These trees are in a fair condition as a group although individual trees are in poor condition. The proposed footbridge will necessitate the removal of a number of these trees, comprising at least two willow trees and several Sycamore and Elm as well as additional pruning and felling to facilitate construction works.

58 Although any works to this group of trees will be the subject of a separate Tree Preservation Order application, it is considered that this application will still result in the retention of an acceptable number of trees along this riverbank, which is sufficient to warrant removal of several trees to facilitate the construction of the footbridge and flood defence structures. The protection of the remaining trees will be secured by means of a planning condition.

It is therefore concluded that the proposed development will not be unduly detrimental to ecology within the vicinity of the application site and will not result in the undue loss of trees adjoining the riverbank and is therefore considered acceptable in this regard.

Archaeology

The applicant has provided an archaeological statement in recognition that the proposed footbridge will form part of a route from Furnvial Road to the Wicker, which is an area of archaeological interest. The statement acknowledges that the bridgeworks will include excavations and piling for foundations on the boundary of the car park adjacent to Wicker Riverside and behind the existing stone riverside wall on the former Smithfield market site. The applicant also acknowledges the various archaeological studies undertaken for the approved developments on the adjacent sites. South Yorkshire Archaeology Service considers that the west bank is unlikely to give rise to any archaeological concern and the bridge is well away from any buried building remains. On the east bank, however, there is still a chance that evidence relating to a former steel works survives and that such remains will be impacted upon. Accordingly, a condition is proposed requiring archaeological monitoring works to comprise an archaeologist on site to allow inspect any excavated trenches to record any features of interest that are revealed.

Highways

The proposed development does not give rise to any significant highway implications; subject to the status of the bridge one it is complete. As noted in the report above, this is a pedestrian footbridge and will not be an authorised cycle route, although it is not intended to take any measures to deter cyclists from using the route as such measures would be to the detriment of authorised users and maintenance access. Further details regarding the construction of the bridge and the relationship to the Five Weirs Walk will, however, be required by means of a planning condition.

SUMMARY AND RECOMMENDATION

This application proposes the construction of a new footbridge over the River Don to create a pedestrian route from Furnival Road on the east side of the river to The Wicker on the west side as well further flood defence works. The proposal is deemed to be consistent with Policy GE17 of the UDP and Policy CS73 of the Core Strategy, which seeks to enhance public access and recreation to the waterways and with the objectives of the Wicker Riverside Action, which specifically identifies the need for a new footbridge to improve links between Kelham, Wicker and Victoria Quays. The modern ‘butterfly’ design of the bridge is considered

59 acceptable in this location and consistent with the contemporary developments that adjoin the riverbank in accordance with Policy BE5 of the UDP and Policy CS74 of the Core Strategy.

It is also considered that the applicant has adequately addressed the issues of flood risk in accordance with guidance within PPS25, Policy GE20 of the UDP and CS67 of the Core Strategy.

The applicant has demonstrated that the proposed bridge will have no detrimental impact on the ecology of the adjoining area and it is also demonstrated within the application that there are no archaeological impacts arising from the proposal subject to a condition requiring archaeological monitoring works.

In conclusion, the provision of a new footbridge across the River Don and the introduction of new flood defence works along the banks of the river are welcomed and the application is therefore recommended for approval subject to conditions.

Case Number 09/03666/CHU

Application Type Planning Application for Change of Use

Proposal Change of use from flower school/shop (Use Class A1) to café (Use Class A3) (As per amended site plan received 22/12/2009)

Location 363 Sharrow Vale Road Sheffield S11 8ZG

Date Received 19/11/2009

Team SOUTH

Applicant/Agent Chris Gothard Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 The consent hereby granted allows use of the ground and first floors for use by members of the public/customers and the second floor/attic level shall at no time be used in connection to the approved use.

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

3 The café shall be used only between 08:00 hours and 19:00 hours (Mondays-Fridays) and 09:00 hours and 19:00 hours (Saturdays).

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

4 No equipment for the playing of amplified sound shall be fitted within or affixed to the premises unless full details thereof have first been submitted to and approved by the Local Planning Authority. Once installed such equipment should not be altered without prior written approval of the Local Planning Authority.

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

5 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. The details shall include information of anti- vibration mounts, the sound power levels for the system (or similar acoustic data indicative of it being a low noise system) and details of the cowl.

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

6 No deliveries to the building shall be carried out between the hours of 1900 to 0800 hours Monday to Saturday and 1900 hours to 1000 hours Sundays and Public Holidays.

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

7 No ancillary bar area shall be provided unless otherwise agreed in writing by the Local Planning Authority.

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

8 No tables, chairs or other customer facilities shall be placed outside the building within the boundary of the site.

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

9 The building shall not be used for the above-mentioned purposed unless sound insulation measures have been implemented between ground and first floor levels and to the party wall adjoining the first floor kitchen in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority prior to installation. Thereafter the approved sound insulation measures shall be retained.

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

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

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

11 Notwithstanding the details of the approved drawings, the use hereby permitted shall not commence unless suitable apparatus for the arrestment and discharge of fumes or gases from the commercial kitchen has been installed. Before such equipment is installed details thereof shall have been submitted to and approved in writing by the Local Planning Authority. After installation such equipment shall be retained, operated and maintained for the purpose for which it was installed.

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

12 The development must be carried out in complete accordance with the following approved documents,

Amended Site Location Plan (received on 22-12-09) Project No. 1872 Drawing No 01 Project No. 1872 Drawing No 02 Revision

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

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

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

63 (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.

64 Site Location

65 LOCATION AND PROPOSAL

The application site is located to the south of Sharrow Vale Road. It is a traditional mid terraced property which is currently a Class A1 Florist/Flower School. An A1 Ladies Clothes Shop previously operated to one side and there is a dwellinghouse to the other side which is separated by a shared passageway at ground level.

The terrace is currently made up of 6 retail units, a hot food take-away and 5 dwellings. The dwellings are grouped together between the shop units. At the opposite side of Sharrow Vale Road are a range of shop units, with a small number of dwellings interspersed.

The application is for the use of the building as a Café. Some alterations to the shop front are proposed. The first floor level would include a function room with 16 covers and customer toilet facilities. The second floor level would not be used as a public area.

RELEVANT PLANNING HISTORY

06/03082/FUL; Rear ground floor extension to dwellinghouse and alterations to front elevation for use as a flower school. Approved - 29.09.2006

09/00223/CHU, 353 Sharrow Vale Road, Alterations to ground floor of dwellinghouse to form shop (Class A1) and/or cafe (Class A3) with flat over, erection of shop front and front dormer window. Approved - 17.03.2009

SUMMARY OF REPRESENTATIONS

Following neighbour notification, five representations have been received from three different correspondents being the owners and/or occupants of adjoining units. The comments made can be summarised as follows:

-Sharrow Vale Road primarily has a retail function, proposal would compromise the retail character. Already there are facilities operating as take-aways/restaurants and cafes.

-Evening/night activity would lessen liveliness of area during shop opening hours.

-Noise and disturbance, given reference to ‘function room’ on plans. Proposed hours would cause problems to neighbours’ amenities. Reduced opening hours would also cause concern. Reference to requirements of Planning Policy Guidance Note 24 (Planning and Noise).

-No acoustic report submitted to allow this matter to be checked/assessed. This is required to fully assess implications of noise and disturbance on neighbours. To not require one of these would constitute maladministration on behalf of Council.

66 -Cooking odours. Flue is shown, but no details of the extraction system are proposed. Proximity of flue would be seriously detrimental to amenity. Would also be visually incongruous, and contrary to Adopted UDP policy BE5 which reflects Government guidance given in Planning Policy Statement 1.

-Proposed bin store close to neighbouring gardens leading to smells.

-Lack of parking

-Incorrect site location plan and ownership certificate.

-Application does not seek consent for a Takeaway element. Any operation as a Takeaway would increase noise and disturbance, and the resulting harm.

-Preferred Option PC1 demonstrates the importance of safeguarding amenity levels, by avoidance of causing residents to suffer from unacceptable living conditions in terms of noise, smells or other nuisance.

PLANNING ASSESSMENT

Policy

The site lies within a Housing Area as designated in the Unitary Development Plan (UDP). The following UDP policies are most relevant in considering the application proposals:

H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) BE5 (Building Design and Siting)

Principle of Proposed Use

Housing uses (Class C3) are preferred in accordance with Policy H10. Café uses (Class A3) are acceptable under Policy H10, subject to compliance with the criteria identified in Policy H14.

Policy H14 (i) permits changes of use to non-housing uses provided that the proposed development would 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.

The Housing Area extends up to Psalter Lane and then to Nether Edge, encompassing a wide area. The opposite side of Sharrow Vale Road is partly designated as a Housing Area and is partly within the Ecclesall Road District Shopping Centre (DSC). The application site is opposite long established shop premises within the DSC. Within the Housing Areas on both sides of Sharrow Vale Road are a number of uses that are more consistent with the Shopping Centre designation than the Housing Area designation. The overall impression is a vibrant

67 mix of independent operators, interspersed with traditional housing, giving an atmosphere of a well balanced community.

The terrace originally comprised 15 dwellinghouses. Of these, only 5 remain in housing uses (Class C3) uses. Of these 5 dwellings, Num.353 Sharrow Vale Road has been granted an unimplemented consent for a change of use to a café. Since the proposal site is currently in an A1 use, the proposed change of use would not undermine the residential presence at street level in Sharrow Vale Road. Therefore, it is not considered that the proposal would undermine the character of the wider Housing Area and would potentially reinforce the shopping centre functions in Sharrow Vale Road. As the application site is already an A1 use it would not undermine the DSC, as such there is no conflict with national polices in PPS6.

Policy H14 (l) requires non-housing uses to be on a scale consistent with the residential character of the Area or to meet primarily local needs. The previous use operated the conventional florist element from the ground floor level. At first floor level the flower school element of the proposal appears to have functioned. The proposal would involve the café and kitchen facilities at ground floor level. At first floor level there are proposed to be 16 covers, and the space is labelled as a function room. Presumably in the general course of business, the first floor would be used as an over-flow seating space for the main ground floor area. Whilst this represents something of an expansion of the level of activity, it is not considered to be a substantial increase. Overall, the resulting layout would be considered to be comparable with a number of other café uses in the vicinity, and to be comparable in size to a number of small shops in the area and be consistent with the scale of surrounding development.

Overall, the principle of the development is considered acceptable in accordance with Policies H10 and H14 (i) and (l).

Design and Access

External alterations are restricted to an extraction duct at the rear of the premises, and alterations to a door at the rear. Also alterations to the shop sign are referred to, and would potentially need to be the subject of a separate advertisement application.

The shopfront is referred to in the Design Statement as having being modified to provide a level threshold when the premises were fitted out in preparation for the Florists. However, this statement is inaccurate and such works have not been carried out. Therefore, it is considered to be necessary to require the submission and agreement of details ensuring that facilities are fully accessible via a condition.

One potential extraction duct route runs vertically at the rear wall of the building, then parallel to the roofslope and up the rear of the rear roofslope chimney stack. The alternative would run internally through the chimney stack. In visual terms, these potential resolutions are considered to be acceptable. It would not be visible from public vantage points. From surrounding rear garden areas the duct would not be considered to represent a significant visual intrusion. However an

68 alternative arrangement has also been submitted (see below) which represents another acceptable solution.

Overall, the proposal is considered to be capable of satisfying the requirements of Policies H14 (a) and BE5.

Amenity Issues

Num. 361 Sharrow Vale Road is a residential dwellinghouse, and Num. 365 Sharrow Vale Road is an A1 retail facility at ground and first floor, which is currently vacant.

Following negotiation the proposed opening hours of the café have been amended. These are specified as being on Mondays to Fridays from (08:00 to 19:00 hours) and Saturdays (09:00 to 19:00 hours). The proposed opening hours are recommended to be conditioned to reflect the application proposals. However, it should not necessarily be assumed that this is an indication that alternative opening hours would be wholly unacceptable. Proposed odour extraction ducting has been proposed to run up the rear wall, follow the roof line and then run to the rear of the chimney stack. A possible alternative route running internally through the chimney stack has been submitted. Both alternatives would be capable of avoiding a harmful impact on the amenities of adjoining neighbouring residential dwellings. These neighbours have accommodation in their roof space served by roof windows/dormers. There are also residential dwellings to the rear at Kirkstall Road, which are set at a significantly higher level. Any approval would be subject to the provision and agreement of information covering extraction ducting, as well as details of anti- vibration mounts, the sound power levels for the system and details of the cowl.

A condition can be added to prevent any bin collections being carried out at unsociable hours. The proposed drawings show an internal bin store area which would be able to accommodate bins required for the proposed business. The use of refuse bins and the use of the closure of the door to this bin store area would prevent odour problems being created within this area.

In regards to noise disruption the amended opening hours would prevent the potential for late night noise disruption. Noise would potentially be transmitted through the party wall/s. As a result of the potential for noise to be generated internally at first floor level and the consequential impacts upon amenities of the neighbouring bedroom space, the installation of noise insulation would be required via condition. In addition to this requirement a condition requiring all amplification equipment to be agreed before it is used at the venue should be applied to any consent granted. The covered passageway at ground floor level would act as a buffer zone between rooms at that level. The non-residential accommodation also attached to the application premises would not be similarly sensitive to noise impacts.

Overall, subject to the imposition of recommended conditions, the proposals would comply with Policy H14(k).

69 Highway Issues

There are no dedicated parking facilities to serve the property. This would be consistent with the vast majority of properties on Sharrow Vale Road. It should also be noted that the site is located within an existing residents parking scheme incorporating time limited on-street parking available for 2 and 4 hour periods. Additionally, the site is accessible by regular public transport and has a large residential catchment area. The scale of the proposal means that it will most likely attract people already in the area, which would be consistent with the objectives of PPG13 which aims to reduce dependence on private cars.

Consequently, the proposal would be considered to satisfy the requirements of Policy H14(d).

SUMMARY AND RECOMMENDATION

The site is located in a Housing Area, but closely relates to the edge of the District Shopping Centre on the opposite side of Sharrow Vale Road. There are parking controls in the area and potential for a large customer base that is not reliant on private cars. The proposed use would be considered to be in keeping and scale with the character of the wider Housing Area.

The proposed use is restricted to daytime/very early evening opening hours. Subject to appropriate conditions, adequate visual and residential amenities can be safeguarded and the proposal is not considered to detract from the general amenities of the area.

Overall, the proposal is considered to comply with the relevant UDP policies and national policies/guidance. It is therefore recommended that planning permission is granted subject to conditions.

Case Number 09/03596/FUL

Application Type A Full Planning Application

Proposal Refurbishment of residential tower block

Location 101-349 Exeter Drive Sheffield S3 7UB

Date Received 16/11/2009

Team SOUTH

Applicant/Agent Sheffield Design And Project Management

Recommendation Grant Conditionally

Subject to:

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

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

2 Prior to any works commencing on site full details of the following shall be submitted to and approved in writing by the Local Planning Authority and the construction shall only be progressed in accordance with the approved details:

i) Construction vehicle ingress and egress ii) Location of the site compound and temporary car parking arrangements for contractors iii) Details of any temporary Traffic Regulation Orders.

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

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

In order to ensure an appropriate quality of development.

4 Before the commencement of development, large scale details, including materials and finishes, at a minimum of 1:20 of the items listed below shall be approved in writing by the Local Planning Authority:

Windows External wall construction

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

In order to ensure an appropriate quality of development.

5 The development must be carried out in complete accordance with the following approved documents, Plans numbered AL(0) 01, AL(0)02, AL(0)03, AL(0)04, AL(0)05, AL(0)06, AL(0)07, AL(0)08 and AL(0)09 unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

LR5 - Development in Open Space Areas BE5 - Building Design and Siting 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.

72 Site Location

73 LOCATION AND PROPOSAL

Hanover Tower Block is the only remaining ‘twin tower’ block of this design in Sheffield. It comprises two tower blocks of accommodation rising to 16 storeys with four flats per floor, linked by a central stair block. The towers were constructed using reinforced concrete forming the slabs, columns and spine walls. The exterior is a mix of concrete upstand panel, yellow cladding, concrete, brown brick and glazing. Each flat has a balcony.

The block is located close to the city centre and is convenient for shops so is popular with tenants. A decision has been taken to upgrade the building by Sheffield Homes.

The block is at a prominent location close to the junction of Ecclesall Road and lies within the Exeter Estate. There is communal open space around Hanover block and beyond this maisonettes rising to four storeys are located along Exeter Drive, Hanover Street, Exeter Place and William Street.

This application proposes the refurbishment of Hanover tower block which would be overclad with colour coated aluminium panels with insulation behind it. Double glazed windows are proposed along with a render external finish at ground floor. The balconies would be enclosed and there would be improvements to the interior of the flats and circulation areas.

REPRESENTATIONS

One letter of support for the proposal has been received which hopes that the existing problems with condensation can be resolved as part of the scheme.

Two letters of objection have been submitted, the comments being:

- there should have been a wider and more extensive consultation with local residents - balconies should remain to allow access to fresh air and for drying clothes in summer - exposed concrete beams will not address cold bridging when the only treatment will be to paint them - the use of aluminium is not appropriate as it would be noisy in the wind and rain - there is concern that it is not possible to adapt the building to meet the disabled access requirements of part M of Building Regulations - solar panels should be introduced and not doing so is a wasted opportunity - the choice of colours is not acceptable and a repetition of the three grey tower blocks at Leverton Gardens should be avoided - there should have been a wider consultation with residents before the application was submitted. More consultation with Hanover block residents is necessary - there are only two colour schemes: terracotta and beige and green and grey. The latter would look like a repeat of Leverton Gardens which is not acceptable

74 - the use of aluminium faced window frames will not resolve the problem of ‘cold bridging’. It is likely that this is made worse and will cause condensation - timber based windows can lead to black mould and damp because they become warped due to bad weather - uPVC windows should be used - there has been no consultation on the enclosure of the balconies.

PLANNING ASSESSMENT

Land Use Policy

The adopted Unitary Development Plan (UDP) shows that the Hanover block lies within an area of open space which covers the extent of communal open space within the surrounding maisonettes of the Exeter Estate. Policy LR5 of the UDP deals with development in open spaces and this would not be permitted if it would, amongst other things, harm the character of either the open space or the surrounding area. The existing tower block would remain in the open space and none of the space would be lost to new development. The development relates to the existing building only.

Design and External Appearance

Policy BE5 of the UDP deals with building design and siting and this expects good design and the use of good quality materials in all refurbished buildings.

The tower block stands at 16 storeys and the exterior is dominated by the horizontal concrete bands and dark brown brick with the windows and yellow panels set between these. The block looks tired and dated and the external fabric is beginning to break down which is affecting the quality of life of the residents. This application proposes an upgrading and refurbishment of the exterior and also internal improvements to increase the quality of the accommodation to Decent Homes standards. Fire safety would also be improved.

The external treatment would be clad in aluminium panels including improved insulation. There would also be new timber, double glazed windows with aluminium facing. The balconies would be enclosed as part of the recladding because, without this, it would not be possible to deal with the problem of ‘cold bridging’ that affects the building. Full enclosure with cladding would mean that vulnerable spots where cold enters the flats can be covered, which is not possible if the balconies are left open.

There have been consultations with local residents in the form of initial meetings and an Open Meeting, held to discuss the proposals and to look at colour schemes and, as a result of this, two alternatives are proposed. One is for grey cladding with the concrete upstands in green and the other terracotta cladding and beige concrete. Both of these options are considered acceptable.

The current appearance is poor because the exterior is more and broken down and is deteriorating. However, there is a balance between the vertical and horizontal

75 lines created by the height and scale of the building and the concrete upstands. This would be retained in the proposal but the external appearance would be cleaner, modern, bolder, which would be acceptable in such a prominent location.

The treatment of the ground floor would be insulated render which would unify the several materials currently in place. At this part of the building acrylic brick slips were considered but rejected because of the fire risk. The construction of new brick walls was impractical because of the poor condition of the surrounding ground and position of services.

It is not possible to completely replace the windows because part of the existing metal frames are embedded into the concrete and cannot be removed. This means that uPVC windows cannot be used. The solution of using double glazing within wooden frames covered by aluminium would meet current standards and this would be acceptable.

The roof is to be re-felted on top of a new insulating layer and the parapet is to be insulated and covered in aluminium panels to create a stop to the cladding that extends up to this point.

The existing lift motor room is currently exposed concrete and this will be overclad with a new sloping roof, which will allow for the installation of photovoltaic cells on the roof which would supplement electricity consumption in Hanover tower block.

The concrete entrance canopy would be clad in colour coated aluminium and this would be extended over a larger area. The small steel framed canopy would be removed.

The external appearance would be significantly improved by the proposal which would be in accordance with Policy BE5 of the UDP.

Sustainability

Policies CS64 and CS65 of the Core Strategy deal with climate change, sustainable design, renewable energy and carbon reduction. Policy CS64 expects buildings to achieve a high standard of energy efficiency and to minimise the impact on existing renewable energy installations and Policy CS65 requires significant development to provide a minimum of 10% of their predicted energy needs from renewable or low carbon energy and generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the development’s overall predicted carbon dioxide emissions b y 20%,

This application is not for a new building but for the re-cladding of an existing one so it is not reasonable to fully apply these two policies. Nevertheless, the proposal does incorporate a number of sustainable features.

The tower block is already ‘fuel friendly’ as it is heated by Sheffield Combined Heat and Power.

76 Photovoltaic panels are to be introduced into the roof on the lift motor housing and this will make a contribution to electricity by way of providing power for communal lighting.

The possibility of a green roof was considered but this has not been included for a number of reasons. A green roof would be inaccessible and there is concern about the significant extra loading on the roof. Any insulating benefits from a green roof would only benefit the top storey of flats and they would benefit already from the new under felt that is proposed.

Insulation would be placed beneath the new cladding and double glazing would be put in place. This, along with the enclosure of the balconies would improve the heat retention within the building and reduce cold entering through vulnerable points on the exterior.

It is considered that the sustainable improvements are acceptable.

Pre-application Consultation with Local Residents

Sheffield Homes have carried out consultations with residents in the form of open meetings to make them aware of the proposals and to identify preferences for the external treatment. It is this process that resulted in the two potential colour schemes for the exterior.

The details of the meetings are set out below:

10.11.2008 – Open meeting at the Hanover TARA flat and residents were notified by letter of this meeting. The residents were informed of the proposals and feedback centred on enclosure of balconies and new front doors.

29.10.2009 – Residents were again notified by letter of this open meeting which discussed the design and external appearance, including kitchen/balcony layouts and external colour treatment.

An ongoing ‘door to door’ consultation is still being carried out by Sheffield Homes to give residents a chance to finalise their preferences.

This consultation process is welcomed and is in line with the Council’s Statement of Community Involvement.

Noise

The only noise and disturbance would be during building works, mainly caused by drilling in the concrete to fix the new cladding. After completion, the potential for noise and disturbance would reduce because of the cladding and double glazed windows. This will assist in reducing the traffic noise from the roundabout and inner ring road.

Disabled Access

77 The level and slightly ramped access to the building would be retained. There is a level access to the flats but each dwelling has a step to gain access. Widths of hallways do not allow for access by wheelchairs and it is not proposed to alter the interior or the bathrooms or kitchens to allow for wheelchairs. The Hanover block, because of the way it was constructed, cannot be modified to comply fully with modern standards.

RESPONSE TO REPRESENTATIONS

Many of the objections have received a response in the report already but some responses are required.

With respect to the consultation procedures, all residents were notified and consulted about the project for a period of more than a year before the application was submitted. All residents within Hanover block and people living around the site were consulted about the planning application.

If the balconies remained open this would severely jeopardise the improvement to living standards within the building.

The cold bridging issue will be addressed by the proposal and the aluminium will be put in place securely so it would not be noisy in wind and rain.

The choice of colour schemes proposed avoids the uniform grey of Leverton Gardens.

The residents have been made aware of the balconies being enclosed.

SUMMARY AND RECOMMENDATION

This application proposes the recladding of Hanover tower block, which is located close to the end of Ecclesall Road and the inner ring road. It has a prominent and highly visible location, rising to 16 storeys in the centre of maisonettes. The existing exterior is dated, starting to deteriorate and the living conditions of residents are affected by the poor thermal performance and cold bridging.

The proposed recladding, enclosure of the balconies, additional insulation and new double glazing would improve living conditions and improve the external appearance of this building.

The application conforms to the policy criteria set out in this report, is acceptable and is recommended for conditional approval.

Case Number 09/03572/FUL

Application Type A Full Planning Application

Proposal Use of ground floor restaurant (Class A3) as a hot food takeaway (Class A5), with ancillary cold store and storage facilities at basement level, alterations to shop front and installation of 2 external compressor units to rear (in accordance with revised site plan emailed 13.01.2010 & emails dated 12.01.2010)

Location 167-169 West Street Sheffield S1 4EW

Date Received 24/11/2009

Team CITY CENTRE AND EAST

Applicant/Agent Richard Unwin Chartered Surveyor

Recommendation Grant Conditionally

Subject to:

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

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

2 The development must be carried out in complete accordance with the approved submitted documents unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

3 The proposed facing materials shall match the facing materials to the existing building.

In the interests of the visual amenities of the locality.

4 The ground floor of the building shall be used for the sale of take-away hot food between 0900 hours and 2300 hours on any day.

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

79 5 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.

6 The proposed replacement extract flue shall terminate 1 metre above the second floor eaves, as shown on the submitted drawing.

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

7 The ground floor of the building shall not be used for the sale of take-away hot food unless the proposed replacement extract flue, as indicated on the submitted drawing, no. 4547-A5-03 Rev A, has been fitted with a low resistance cowl and thereafter flue with low resistance cowl shall be retained.

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

8 The details in respect of the proposed 2 wall mounted compressors as indicated on the submitted drawing, no. 4547-A5-03 Rev A are not approved. Before the development is commenced, details including specifications and the relocation of the proposed compressors shall have been submitted to and approved in writing by the Local Planning Authority and thereafter the compressors shall be installed in accordance with the approved details and thereafter retained.

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

9 The details in respect of the proposed entrance into the building from West Street as indicated on the submitted drawings are not approved. The ground floor of the building shall not be used for the sale of take-away hot food unless a level threshold has been provided to the entrance thereto in accordance with details to be submitted to and approved in writing by the Local Planning Authority and thereafter such level threshold shall be retained.

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

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core

80 S10 - Conditions on Development in Shopping Areas BE5 - Building Design and Siting Devonshire Quarter Action Plan CS17 - City Centre Quarters CS18 - Shopping in the City Centre

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

81 Site Location

82 LOCATION AND PROPOSAL

The application site lies within a High Amenity Zone of the Central Shopping Area, as defined in the Unitary Development Plan and relates to the premises currently known as Khans Restaurant. The property is situated midway within an existing parade of commercial buildings. The ground floor and first floor of the building are used as a restaurant, albeit the first floor is used less frequently. The basement and second floor are used for ancillary storage. To the rear within the site, is a gated yard that contains an external stairway, which leads up to the second floor.

The building, which is two to four storeys high, has undergone a number of changes to its exterior such that it comprises a variety of architectural styles and finishes. The current ground floor frontage has a brick façade, with a recessed entrance to the eastern half that is denoted by a tiled wall and surface and a glazed door and side panel, and a small display window to the western half. Roller shutters with external housing units are located above each element. At fascia height is an illuminated fascia sign with additional spotlights and signage below.

At the rear of the site is a lane – Westhill Lane, which provides a means of vehicular access from both Devonshire Street and Eldon Street. The Lane serves properties fronting West Street and Devonshire Street and a public car park accessed from Eldon Street. Immediately adjacent, to the east is a six-storey building which is currently under construction, but will comprise 32 apartments over units for A1, A2 and A3 uses. At the rear, to the south, are retail units which front onto Devonshire Street. To the west is William Hill betting shop and opposite the site, to the north is The Cavendish public house with residential flats above.

Planning permission is sought to change the use of the ground floor restaurant (Class A3) to a hot food take-away (Class A5 use) with ancillary cold store and storage facilities at basement level and proposes alterations to the shop front and installation of 2 external compressor units to the rear.

RELEVANT PLANNING HISTORY

88/02029/FUL (formerly 88/1377P) – No 167 West Street – Use of shop as extension to restaurant.

89/00327/FUL (formerly 89/0077P) – Nos. 167 – 171 West Street – Alterations to front elevation and erection of new shop front.

06/02648/FUL – Nos. 159-165 West Street – Erection of 6-storey mixed use development comprising 32 apartments over units for A1, A2 and A3 use (resubmission) – Granted subject to Completion of a Legal Agreement – 04.09.2006.

SUMMARY OF REPRESENTATIONS

No letters of representation have been received in respect to 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 apply.

UDP Policy S3, which relates to development within the Central Shopping Area, is a ‘saved’ Policy and is therefore relevant. The Policy 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 proposed change of use to a hot food take-away (Class A5) is a Preferred Use and as such the proposed use is considered acceptable in principle. Policy S3 states that any development must also be compatible with Policy S10, which relates to conditions on development in shopping areas.

UDP Policy S10 (a) states that a change of use would only be permitted where 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. There are a variety of uses within the Shopping Centre and since the existing ground floor use (Class A3) was a Preferred Use and the proposed change of use to A5, which formerly fell within the meaning of Class A3 use the proposal would comply with Policy S10.

The application site lies also within the Devonshire Quarter, as defined in the Urban Design Compendium. The Devonshire Action Plan; a document that was adopted in 2001, is a material consideration when considering planning applications. The Action Plan restricts the percentage of non-retail uses allowed along a linear frontage, and in respect of this linear frontage on this block, a maximum of 50% would be permitted to change to non-shopping uses. The purpose of the Policy is to maintain the viability of daytime shopping frontages. On this block there are currently only 4 out of the 12 units which are in Shopping (Class A1) use and therefore a further change of use to a non-retail use would not be acceptable. However, in this case, there would be no loss of retail use (Class A1) as the existing use is Class A3. Since the proposed change of use is from Class A3 to Class A5 would not constitute a loss of an A1 unit, it would be difficult to justify that the vitality and viability of the Area would be compromised, such that it would be contrary to the Devonshire Action Plan. The proposal is therefore considered acceptable in accordance with the Action Plan.

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 CS18 of the Core Strategy, which relate to City Centre Quarters and Shopping in the City Centre respectively. Policy CS17 (f) relates to the Devonshire Quarter and encourages lively uses in the area, and whilst it 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. Policy CS18, identifies priority areas within the City Centre for shopping, which are not as extensive as in the Unitary Development Plan. West Street is no longer identified.

84 West Street is a street leading into the Primary Shopping Area, where Policy CS18 says that ‘small shops, food and drink outlets, and services that would promote the vitality of the area will be acceptable on ground floor frontages’. It would be desirable to have a mix and/or uses which would not result in dead frontages during the day, but since the proposed change of use would allow the continued use of the building, which is not a use that is so dissimilar to the existing use, and there would be no further loss of A1 uses the proposal is not considered to be contrary to Policies CS17 and CS18. It is also noted that the proposed use would be in operation from 0900 hours each day, compared with the restaurant which is used only during the evening hours. The proposed use would encourage additional activity during the day, albeit limited.

Design Issues

As the proposed development involves alterations to the shop front, UDP Policy S10 is relevant. Policy S10 (d) states that the proposal should be well designed and of a scale and nature appropriate to the site; and (e) comply with Policies for the Built and Green Environment as appropriate. Given the above, UDP Policy BE5 is applicable in this instance. Policy BE5, which relates to building design and siting, sets out the principles for good design and encourages the use of good quality materials. BE5 (a) states that the original architecture should be encouraged, and in BE5 (c) it states that development should respect the scale, form, detail and materials of the original building.

The extent of the proposed alterations to the shop front is minimal. The existing display window fronting West Street would be replaced with a new silver, powder coated, aluminium window. The existing recessed entrance would be removed and an entrance doorway with glazed side panel shall be created, which would be flush with the existing front elevation, the materials of which would be consistent with the new display window. The position of the new doorway and glazed panel would be such that the vertical elements would be in alignment with the upper floor windows, which would provide a uniformed frontage. The proposed alterations would not radically change the appearance of the existing frontage given that there would be no change to the size of the existing openings. The proposed materials and colour finishes are considered acceptable. The design of the proposed shop front whilst not inspiring, it is considered acceptable and given the materials and colour finishes proposed, such alterations would not have a detrimental impact on the appearance of the existing building or compromise the street scene.

The existing entrance into the building is a stepped approach. The submitted drawings indicate that this stepped approach would be retained, however this is not considered acceptable as it would prohibit people with disabilities from entering into the building, thus would not comply with the Disability Discrimination Act. A condition would be imposed to ensure a level threshold would be provided.

Currently there are two extract flues positioned on the side gable wall towards the rear half of the building facing towards no. 165 West Street. The proposal involves the replacement of 1 flue (500mm diameter), which would be extended in height to 1 metre above the second floor eaves. The position of the flue, as that in situ, is such that it would only be truly visible from Westhill Lane, which is partially

85 obscured by properties fronting onto Devonshire Green. Neither is it likely that the flue would be visible at street level from West Street. It is not considered that the flue would detract from the appearance of the building or have a detrimental impact on the street scene.

Two compressor units for the air conditioning and cold room units are proposed to be wall mounted on to the rear elevation of the building, fronting onto Westhill Lane. There is no objection in principle to the installation of the units, given that they would not be positioned in a highly visible location, but to a small Lane. The position of the units would result in the encroachment onto the adjacent Lane, which is already restrictive in size, and the relevant notices would need to be served on the appropriate owners. It is therefore considered that the units be better relocated to an alternative location, subject to their being no adverse impact on local residents or adjacent properties. A condition would be imposed requiring detailed specifications of the units and details of an alternative location.

Since other alterations are proposed within the building itself it is not necessary to elaborate on such works as they would not be controlled by the Planning Authority.

Effect on Residential Amenity

As the proposal involves a change of use, UDP Policy S10 applies. Of particular relevance is 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.

As the site is located within the City Centre and relates to a late night use, it is likely to affect the living conditions of residents within the area, and as such the adopted City Centre Living Strategy (CCLS), which was adopted in October 2004 is relevant in this instance. The document recognises that cafes, pubs, bars and restaurants can enliven town centres and support the evening economy but can also have an impact on the centre in terms of anti-social activities and causing a nuisance to nearby residents. The document identifies areas where time limits of no later than 0030 hours have been proposed. The site does not fall within these areas and as such, the application should be determined on it’s own merits.

The application seeks to use the ground floor of the premises as a hot food takeaway between the hours of 0900 hours and 2300 hours on any day. The proposed hours of use are not considered to be unreasonable and although the unit would be open until 11pm, this is not unusual given it’s city centre location. There are a number of premises within the immediate area, which are open until 12 midnight and beyond. Since the premises would already be closed prior to the closing of some of the late night venues there would be no additional noise and disturbance created.

Some degree of noise and disturbance will already be experienced along this frontage by virtue of the uses of adjacent properties, ie public houses, hot food takeaways etc. There are no residential properties on upper floors of the premises. However, there are residential properties to the rear of the site situated above the shops on Devonshire Street, which are more than 20 metres from the rear

86 boundary of the site and residential flats are located opposite the site on West Street, in the Cavendish Buildings. Residents of these properties are sufficiently distanced away and do occupy upper floors. It is not considered that the amenities of these existing residents would be adversely affected. It should also be noted that residents are already subjected to some degree of noise by virtue of their location, fronting onto main roads where there is substantial traffic noise, and within a Shopping Area, where there is an increased level of noise and activity, both during the day and evening would be expected.

Immediately adjacent to the site, to the east at the former site of nos. 159-165 West Street is a building, which is under construction. The building would comprise commercial units at ground floor with residential apartments above. It is not considered that the proposed development would affect the amenities of the future residents of these flats. The residents would be located on upper floors and although a flue would be located within metres of the new building, there would be no windows inserted in the side elevation facing towards the application site, thus preventing any odour/noise nuisance occurring.

The use of the premises for food and drink purposes would inevitably create a certain amount of odours. It is therefore necessary to install an adequate fume extraction system, to prevent smells emanating from the ground floor unit. The proposed flue, would extend from within the building and continue externally along the side gable elevation facing east, as that in situ, and extend up to the second floor eaves. The flue would terminate 1 metre above the eaves thus allowing adequate distance for odour to dissipate. The Environmental Protection Officer has no objections to the type, specification and position of the flue and other equipment. To safeguard the amenities of local residents, conditions would be imposed to mitigate against potential noise and disturbance.

Bin Storage

There are sufficient bin store facilities in the form of an enclosed storage area, located in the rear building fronting onto Westhill Lane. The store can accommodate 2 large industrial bins, each with a capacity of 1,100 litres. The bins are collected under contract with Veolia.

Highway Issues

The site is located within the City Centre, where it is well served by public transport, hence the proposal does not raise any highway implications. SUMMARY AND RECOMMENDATION

The site is located within the Central Shopping Area and the proposed change of use from Class A3 and A5 is considered acceptable in terms of UDP Policies S3 and S10 and the Devonshire Quarter Action Plan. The proposed development would not result in the loss of an A1 retail unit and whilst the proposal does wholly contribute to the desired mix of uses for the area, neither would the proposal be contrary to Core Strategy Policies CS17 and CS18.

87 The proposed use would not adversely affect existing or future residents of neighbouring properties, in accordance with UDP Policy S10 .

The proposed alterations to the shop front and the installation of equipment to the rear are considered acceptable in principle subject to appropriate conditions. UDP Policy BE5 would be complied with.

The proposal is considered acceptable and therefore recommended for approval with conditions.

Case Number 09/03566/FUL

Application Type A Full Planning Application

Proposal Extension of opening hours to 0230 hours on Thursdays, Fridays, Saturdays, Sundays before Bank Holidays and on Public Holidays and Bank Holidays (Application under Section 73 to vary condition No. 9 of application - 03/00973/FUL)

Location Boudica Bar 5 Regent Street Sheffield S1 4DA

Date Received 12/11/2009

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 Policies S10 and CF8 of the adopted Unitary Development Plan for Sheffield.

89 Site Location

90 LOCATION AND PROPOSAL

This Food and Drink unit consists of ground and first floors of a block built several years ago, with 5 floors above accommodating 10 flats. The block is situated on Regent Street behind a recently built block on the north side of Glossop Road, also having ground and first floor retail with 4 floors of flats above.

The permitted hours at the Food and Drink Unit are 0900-0030 hours Monday to Sunday. The proposal is to extend these hours to 0230 hours on Thursdays, Fridays and Saturdays and Sundays before Bank Holidays and on Public Holidays and Bank Holidays.

HISTORY

Application No 03/00973/FUL: Permission granted 13 August 2003 for the erection of a building with ground and first floors as Food and Drink (former Class A3) and third, fourth, fifth and sixth floors as 10 flats, subject to opening hours of 0900-0030 hours Monday to Sunday.

Application No 05/01132/FUL: Permission refused 28 June 2005 for extension of opening hours until 0230 hours on Sundays before Bank Holidays, Public Holidays, New Year’s Eve and on 12 other days per year (Application under Section 73 to vary condition 9 of 03/00973/FUL).

Application No 08/01016/FUL: Permission granted 22 April 2008 for security gates to Regent Terrace

REPRESENTATIONS

3 Objections received from residents of flats above, all final year university students: (1) Will be inconvenient, a lot of work to do; (2) Don’t want disruption in middle of night by noisy drunks; (3) Bar already very noise, already kept awake; (4) People make noise when leaving the bar, hanging around and arguing loudly; (5) Can hear bass music in flat above bar; (6) Noise from taxi engines running, as they wait for fares; (7) If permitted would mean only 3 nights reasonable sleep a week.

1 “No Objection” received from landlord opposite: (8) But steel girder and cabling exposed, should be finished properly.

ASSESSMENT

Land Use and Residential Amenity

Core Strategy Policy CS25 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 needs of residents should not conflict with, for example, night times uses.

The site lies partly within the Central Shopping Area in the Unitary Development Plan, and partly within an Institution: Education Area.

Policy S3 lists Food and Drink (former Class A3) as a preferred use. Policy S10(b) requires that change of use should not cause residents in any housing to suffer from unacceptable living conditions from noise or other nuisance or risk to health and safety.

Policy CF7 lists Food and Drink as an Acceptable use in an Institution: Education Area. Policy CF8 also requires that change of use should not cause residents in any housing to suffer from unacceptable living conditions from noise or other nuisance or risk to health and safety.

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.

Noise Breakout

A noise validation test was carried out in July 2005 in compliance with conditions attached to the original planning permission. It stated that noise breakout from the bar to the bedrooms of one of the flats above met the Council’s noise levels. However representations received indicate that the situation is still not satisfactory. This is subject to further investigation.

Street Noise

Regent Street is generally quiet even late at night, apart from the disturbance from patrons of this bar referred to by objectors. Residents of the flats above the unit are considered to be at risk of street noise from departing customers, and from taxis plying for trade, with engines running, raised voices, doors closing and so on. The street is narrow, and such noise nuisance is likely to be at a higher level in the early hours of the morning, owing to the closely built nature of the surroundings.

These are relevant planning concerns supported by policy. The operation of the bar is already causing noise and disturbance with the existing permitted hours. It

92 is considered that the late opening of the bar as proposed is likely to impact adversely on residential amenity in this location. The proposal is not considered acceptable.

RESPONSE TO REPRESENTATIONS

Objections (1)-(7): See Report above.

Comment (8): Not a planning matter.

ENFORCEMENT

The noise breakout referred to from the bar to the flat above is under investigation and may be dealt with separately as necessary.

CONCLUSION

The proposed extension of opening hours is considered to be likely to detract from residential amenity and to conflict with adopted planning policy.

RECOMMENDATION

Refuse for the reasons given.

Case Number 09/03467/FUL

Application Type A Full Planning Application

Proposal Erection of 12 dwellinghouses (substitution of house types)

Location Site Of Plots 40 - 65 Myrtle Road Site (79 -129 Myrtle Crescent)

Date Received 04/11/2009

Team SOUTH

Applicant/Agent Taylor Wimpey Yorkshire

Recommendation Grant Conditionally

Subject to:

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

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

2 This application shall be taken as a revision of planning application 06/00543/FUL and all conditions on approval No. 06/00543/FUL shall apply to this application.

In order to define the permission.

3 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

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

94 agreed measures have been installed. Thereafter the agreed equipment, connection or measures shall be retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

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

4 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.

5 The development must be carried out in complete accordance with the following approved documents,

Plans numbered: 196/01 Rev R 196/LP 196/PSC 196/551 196/552 196/MS 196/LS 196/1225/E 196/1225/P 196/1216/E 196/1216/P 196/1089/E 196/1089/P

unless otherwise authorised in writing by the Local Planning Authority.

In order to define the permission.

Attention is drawn to the following justifications:

H14 - Conditions on Development in Housing Areas H15 - Design of New Housing Developments

95 CS64 - Climate Change, Resources and Sustainable Design of Developments CS65 - Renewable Energy and Carbon Reduction CS24 - Maximising the Use of Previously Developed Land for New Housing CS26 - Efficient Use of Housing Land and Accessibility CS41 - Creating Mixed Communities and to all relevant material considerations, including Supplementary Planning Guidance.

96 Site Location

97 LOCATION AND PROPOSAL

The application site is located to the south east of the city centre in an area of housing. It comprises a residential development site that is well advanced and this new application is to amend the remaining part of the site.

The overall site slopes down from Lichford Road at the top to Myrtle Road which runs along the lower, northern boundary. There is a new stone wall which replaces the original one which had fallen into disrepair. To the east is housing associated with Erskine Crescent and to the west are allotments. A public footpath runs along the site boundary between the allotments and the new housing development.

The top part of the site is being developed for open space with a children’s play area as part of the scheme. The remaining part of the site, falling to Myrtle Road, is being developed for housing.

As part of the existing planning consent, no 06/00543/FUL, 24 apartments and 2 houses in the north east corner were approved. These were to be built in the form of one block with a large area of car parking in front and at the side. Together, this formed a corner of the overall scheme next to part of the open space and children’s play area. This new application proposes a variation whereby the flats would be replaced by 12 houses arranged around the corner, with gardens at the rear and parking in front.

PLANNING HISTORY

1. 96/1137/P Outline planning consent granted on 30 December 1997 subject to a legal agreement, subsequently signed on 20 October 2000.

2. 03/03735/REM Reserved Matters Consent, granted on 17 May 2004, for 151 flats and houses.

3. O6/00543/FUL Full planning consent granted on 12 May 2006 for 177 houses and apartments.

REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Land Use Policy

The overall site has the benefit of full planning permission for residential development and this application proposes a variation of that consent in the form of houses replacing flats. There is no change in the land use. Policies from both the adopted Unitary Development Plan and Sheffield Development Framework Core Strategy are relevant and these will be set out, in turn, in the rest of this report.

98 Layout, Design & External Appearance

The approved scheme for flats on the site shows a single block of flats rising to four storeys with a pitched roof. This lies at the south eastern corner of the application site with two houses fronting the road at the north-west corner. Between these, there would be a large area of car parking. On the south-eastern and south-western sides, the site adjoins the open space, being developed as part of the previous residential consent. The open space is at a higher level and there is an embankment that drops down to the application site.

The houses that have been built as part of the larger scheme are a mix of two and three storey brick town houses with slate roofs. The proposed 12 houses would be of the same design. The external brick will match those that have been approved for the rest of the overall site.

Eight of the houses, plots 40 to 47 back on to the south-east side of this corner of the site. They have gardens at the rear with parking at the front. The remaining four houses back on to the south-west side of the corner having a similar arrangement. All garden sizes are adequate and each house has an off-street parking space.

The design of the houses are the same as those already approved on this development and are more in scale and character with existing houses than the previously approved four storey flats. Also, the houses would mean that the large car park would be lost so the street scene at this corner would not be dominated so much by parking spaces.

The layout is also acceptable in terms of privacy and there would be no harm to the amenities to existing or future residents from this scheme. The layout also allows for surveillance over the open space from the rear first floor properties, which is a good thing.

Policy H14 of the UDP deals with Conditions on Development in Housing Areas which states that new building should be well designed, be in scale and character with the surrounding area, be well laid out, not harm the character of the neighbourhood, provide appropriate parking and not cause nuisance to existing residents.

Policy H15 addresses the design of new housing developments and these will be expected to provide safe and easy access, provide adequate garden spaces and link in with pedestrian access in the area.

It is considered that these two policies have been met in terms of the design and layout.

Sustainability

99 on existing renewable energy installations and Policy CS65 requires significant development to provide a minimum of 10% of their predicted energy needs from renewable or low carbon energy and generate further renewable or low carbon energy or incorporate design measures sufficient to reduce the developments overall predicted carbon-dioxide emissions by 20%.

The applicants have stated in supporting information that the dwellings will be built to achieve Code Level 3 (Sustainable Homes) and that the following measures would be incorporated to achieve this target:

- Solar panels - Highly insulated, air tight envelope - Heat recovery measures - Maximum insulation - Low capacity and low energy fittings

The measures will ensure that there would be a 25% improvement on Building Regulation requirements and there would be more that 10% renewable energy for each house in accordance with policies CS64 and CS65 of the Core Strategy.

Highways, Access & Parking

The road layout is the same as that approved under the earlier application and the parking at one space per dwelling is acceptable and the same as the rest of the estate. The conditions that are already in place on the previous consent are appropriate for this amended scheme. The access arranged from the highway to each dwelling are also acceptable.

Open Space Contribution

Policy H16 of the UDP deals with open space in housing areas and expects developers to either provide areas of recreational open space as part of the housing scheme or pay a commuted sum for off-site improvements. The commuted sum has already been paid as part of the earlier consent and there is no adjustment required.

Landscaping

The plans submitted show an indicative landscaping scheme for the 12 houses which is acceptable and this can be controlled by existing conditions on the previous consent that would be applied to this amended scheme.

The landscaping of the adjoining open space would not be affected.

Remaining Issues

Policies CS67 of the Core Strategy seeks to manage flood risk but due to the height and topography of the site, there is no risk in this respect.

100 Policy CS24 seeks to maximise the use of previously developed land for housing. The site was formerly used as a dwelling with associated land and is classes as ‘brownfield’.

Policy CS26 requires an efficient use of land. The approved scheme for flats was 160 dwellings per hectare but the new proposal is 75 d.p.h which is still efficient but is more in scale with the surrounding area.

Policy CS41 seeks to ensure that there is a mix of communities and it is considered that the difference in house sizes meets this policy as a range of house provision would be provided on the estate.

SUMMARY AND RECOMMENDATION

The application site is the remaining part of a larger estate to be developed that lies between open space at Lichford Road and Myrtle Road. The application site has planning consent for 24 flats and 2 dwellings and the new application proposes to replace this with 12 houses with associated car parking and landscaping.

The design, layout and scale are acceptable in that the houses would be the same as those on the rest of the estate. The external materials would be the same as those already in use on the estate. The sustainability credentials of the proposal are high. The proposal is considered to be an improvement on the existing consent which is for four storey flats with a large area of car parking.

The application is acceptable and recommended for conditional approval.

101

Case Number 09/03345/FUL

Application Type A Full Planning Application

Proposal Partial demolition of existing hostel and erection of a new supported living residential unit (incorporating 8 self-contained 1-bedroomed units, 1 x 3-bedroomed shared unit and ancillary staff accommodation)

Location Sheffield City Council Warminster Hostel 136 Warminster Road Sheffield S8 8PQ

Date Received 27/10/2009

Team SOUTH

Applicant/Agent Arcus Consulting LLP

Recommendation Grant Conditionally subject to a Legal Agreement

Subject to:

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

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

2 Before the development is commenced, full details of the proposed external materials shall have been submitted to and approved by the Local Planning Authority.

In the interests of the visual amenities of the locality.

3 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out to the satisfaction of the Local Planning Authority by the end of the first planting season following the use of the care home and thereafter the landscaped areas shall be retained. The landscaped areas shall be cultivated and maintained for 5 years from the date of implementation and any failures within that 5 year period shall be replaced to the satisfaction of the Local Planning Authority.

102 In the interests of the amenities of the locality.

4 No trees, shrubs or hedges existing within the site of the development shall be destroyed or otherwise removed and no tree shall be lopped or topped, without the prior written agreement of the Local Planning Authority, but if notwithstanding this condition any tree, hedge, part of a hedge or shrub is removed or destroyed or damaged to such a degree that in the opinion of the Local Planning Authority its removal is necessary, then a replacement shall be planted of a species and size to be approved by the Local Planning Authority prior to planting. Any such replacement shall be cultivated and maintained for 5 years and any failure within that 5 year period shall be replaced to the satisfaction of the Local Planning Authority.

In the interests of the visual amenities of the locality.

5 Before any work on site is commenced full details of the measures to be taken to protect the existing trees and hedges within and/or adjoining the site of the development during building works shall be submitted to and approved by the Local Planning Authority. These measures should include means of preventing the ground beneath the canopy of such trees and/or hedges from being disturbed or used for storing materials of any kind.

In the interests of the amenities of the locality.

6 Before the development is commenced, full details of the proposed refuse bin(s) storage area shall have been submitted to and approved in writing by the Local Planning Authority, and thereafter the approved refuse storage area shall be implemented within the scheme to the satisfaction of the Local Planning Authority.

In the interests of the visual amenities of the locality and amenities of future residents.

7 Before the development is commenced, full details of the proposed external lighting scheme shall have been submitted to and approved in writing by the Local Planning Authority, and thereafter the approved external lighting scheme shall be implemented to the satisfaction of the Local Planning Authority.

In the interests of the visual amenities of the locality and amenities of future residents.

8 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved by the Local Planning Authority and the residential flats shall not be used or occupied unless such means of site enclosure has been provided to the satisfaction of the Local Planning Authority and thereafter such means of site enclosure shall be retained.

In the interests of the amenities of the locality.

103

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

To ensure satisfactory drainage arrangements.

10 No piped discharge of surface water from the application site shall take place until surface water drainage works including off-site works have been completed in accordance with details to be submitted to and approved by the Local Planning Authority.

To ensure satisfactory drainage arrangements.

11 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 sewer, which crosses the site.

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

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

In the interests of traffic safety.

13 The residential flats shall not be used unless the car parking accommodation for 7 cars as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained.

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

14 There shall be no gates or barriers erected at the means of access to the site unless otherwise agreed in writing by the Local Planning Authority.

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

15 Before the development is commenced, full details of suitable and sufficient long-stay and short-stay bicycle parking provision for staff, residents and visitors shall have been submitted to and approved in writing by the Local Planning Authority. The development shall not be used unless such bicycle parking accommodation has been provided in accordance with the approved plans and thereafter retained for the sole purpose intended (including changing/shower and storage facilities for staff).

104 In the interests of traffic safety.

16 Prior to any works commencing on site full details of the following shall be submitted to and approved in writing by the Local Planning Authority and the construction shall only be progressed in accordance with the approved details:

i) Construction method statement ii) Site safety iii) Construction vehicle ingress and egress iv) Location of the site compound and temporary car parking arrangements for contractors v) Vehicular routes for construction traffic vi) Details of any temporary Traffic Regulation Orders

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

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

a) been carried out; or

Highway Improvements: Provision of a footway from the North West corner of the site (on Brindley Crescent) linking (via Brindley Close) to the existing footway on Warminster Road.

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

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

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

19 The first-floor windows on the side elevation of the building (block B3) facing east towards Warminster Road shall be fixed non-openable and, shall be glazed with obscure glass to a minimum privacy standard of Level 4 obscurity, these windows shall not at any time be made openable or glazed with clear glass without the prior written agreement of the Local Planning Authority.

In order to protect the interests and amenities of future residents of the adjoining development plot.

105 20 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the following will be provided:

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

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

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

21 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.

22 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 proposed flats shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

23 Unless otherwise agreed in writing by the Local Planning Authority, the development hereby permitted must be carried out in accordance with all of the recommendations contained within the "Code For Sustainable Homes

106 Ecological Assessment" undertaken by Middlemarch Environmental Ltd (dated May 2009) - Report Number RT-MME-105022.

In order to ensure that the development enhances local biodiversity in accordance with Policy GE11 of the Sheffield Unitary Development Plan, and CS63 of the Sheffield Development Framework, Core Strategy.

24 The development authorised by this permission shall not commence until the Local Planning Authority has approved in writing a full scheme of works for the following:

(a) Details of the removal of Japanese Knotweed; and (b) A planting scheme to mitigate the re-growth of Japanese Knotweed and a phasing strategy for implementation of the planting scheme following the removal of Japanese Knotweed;

The flats shall not be occupied until these works have been completed in accordance with the Local Planning Authority's approval or within an alternative timescale to be first agreed in writing with the Local Planning Authority and have been certified in writing as complete by or on behalf of the Local Planning Authority.

To ensure an appropriate course of action is in place to deal with the Japanese Knotweed in accordance with Policy GE11 of the Sheffield Unitary Development Plan.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE5 - Building Design and Siting CS24 - Maximising the Use of Previously Developed Land for New Housing CS64 - Climate Change, Resources and Sustainable Design of Developments CS74 - Design Principles Sheffield

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

Attention is drawn to the following directives:

107

1. As the proposed development will abut the public highway you are advised to contact the Highways Co-ordinator (Tel: Sheffield (0114) 2736677) as soon as possible with a view to discussing the proposed threshold levels and the obtaining of all necessary consents relating to the public highway.

2. The applicant is advised to contact the Council's Development Services, Land Drainage Group, 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2735847) to seek approval for the proposed drainage arrangements, as soon as possible, prior to the commencement of development.

3. When preparing detailed proposals for the development of this site, the developer is advised that the Council will encourage the provision of easily accessible housing, capable of adaptation to meet the needs of various people with mobility impairments. Known as "mobility housing", further details are available together with guidance notes from the Access Officer on (0114) 2734197 or from Planning Enquiries on (0114) 2734215.

4. 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.

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

6. 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.

7. 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.

108 8. Section 80 (2) of the Building Act 1984 requires that any person carrying out demolition work shall notify the local authority of their intention to do so. This applies if any building or structure is to be demolished in part or whole. (There are some exceptions to this including an internal part of an occupied building, a building with a cubic content of not more than 1750 cubic feet or where a greenhouse, conservatory, shed or pre-fabricated garage forms part of a larger building). Where demolition is proposed in City Centre and /or sensitive areas close to busy pedestrian routes, particular attention is drawn to the need to consult with Environmental Protection Services to agree suitable noise (including appropriate working hours) and dust suppression measures.

Form Dem 1 (Notice of Intention to Demolish) is available from Building Standards, DEL, Barkers Pool House, Burgess Street, Sheffield S1 2HF. Tel (0114) 2734170

Environmental Protection Services can be contacted at DEL, 2-10 Carbrook Hall Road, Sheffield, S9 2DB. Tel (0114) 2734651

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

10. 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.

109 Site Location

110 LOCATION AND PROPOSAL

This is an application in a Housing Policy Area for a new supported living residential development (a Use C3 development) consisting of nine self-contained 1-bedroom units and one 4-bedroom shared unit.

The application site is currently occupied by an existing main hostel building and several annexe buildings. Collectively, the hostel and annexe buildings form a Council-run operation aimed at providing health and social care services for people with learning disabilities. The intention is to close the hostel building, undertake some partial demolition works to form a cleared site and then to construct the new accommodation on part of the original plot.

All of the residents that will occupy the proposed new accommodation will be people with learning difficulties that are to be transferred from the existing hostel. Although the occupants of the proposed flats will all have learning difficulties, they will occupy the new accommodation (as tenants) in the same manner that they would if they were renting a flat in the open housing market. Whilst there will be a 24 hour presence of outreach workers/social care staff on the site, the future residents of the flats do not have to make use of the staff or indeed allow the staff to enter the flats. The proposed new accommodation will also not be registered with the Department of Health as a registered care home, these points all re-affirm the notion that this will be a Use Class C3 residential development and not a Use Class C2 (residential institution) development.

The whole site is currently owned by Sheffield City Council but as a result of this development, a section of the whole site, will be transferred to Guinness Northern Counties Housing Association who will be the developer for the proposed site on behalf of Sheffield Health and Social Care Joint Learning Disabilities Service.

This proposal will allow 11 people (that are currently cared-for residents in the existing hostel at 136 Warminster Road) a range of housing options that meet their individual needs and offers them greater independence, control and self- determination.

The support for the tenants will be based around supported living principals and designed to meet individual needs (it may therefore be the case, that not all of the tenants make use of the support available to them).

The accommodation being provided will consist of a two-storey development split into 3 main blocks joined together by a series of linked sections. The accommodation will comprise of:-

Ground floor accommodation:

Three self-contained one-bedroom flats (each having a bedroom, kitchen, living/dining room and bathroom); a shared communal lounge and; a four- bedroom/bedsit flat (having four individual bedrooms and bathrooms and a communal lounge and kitchen) – one of the four bedrooms is intended for use as a sleepover room for a member of staff/outreach worker.

111

First floor accommodation:

Five one-bedroom flats (each having a bedroom, kitchen living /dining room and bathroom) and; a staff sleep-over mini/bedsit flat (having a bedroom, bathroom and kitchenette).

Outside of the accommodation blocks, there are several areas of communal gardens; a cycle parking area and car parking for 7 vehicles.

The whole site at present is on land that fronts Warminster Road, Brindley Close and Brindley Crescent. Access (vehicular and pedestrian) to the existing site is taken from both Warminster Road and Brindley Close. Under this proposal (after the sub-division of the site) the development plot will primarily front Brindley Crescent.

The whole site at present covers an area of approximately 4660 square metres. It is intended that the site is to be divided to form two separate parcels of land: - one of which is to be developed (this application) to form the supported living residential accommodation site and, the second parcel which is to be disposed of at a later date (following further demolitions and clearance of the site). Therefore, this application (for the proposed supported living residential development) is on an “L- shaped” plot on the north-west section of the overall plot and will cover an area of approximately 1400 square metres.

There is a public footpath adjoining the northern boundary of the application site which runs from Brindley Crescent to Warminster Road (beyond the public footpath there is a water-pumping station site). The application site is immediately bounded on three sides by existing residential roads (Brindley Crescent, Brindley Close and Warminster Road) which each have residential properties facing the site. The properties on Brindley Crescent and Brindley Close are in very close proximity to the development plot. The existing site has an open plan feel i.e. there are no boundary treatments along the main site frontages, instead, the site has a range of grass mounds and ornamental trees surrounding the existing hostel buildings.

The site is located within a suburban residential area consisting of predominantly two-storey housing. The buildings within the vicinity are mainly constructed in brick with tiled roofs. There is evidence of both gable and hipped-roof construction in the immediate locality.

REPRESENTATIONS

No letters of representation have been received in direct response to this application.

However, in February 2009, the applicant undertook a public consultation exercise with local residents to outline the design and overall principles of the scheme. The public consultation exercise was lead by representatives from Guinness Northern Counties Housing Association (applicant), Arcus Consulting (architects) and,

112 Sheffield City Council’s hostel re-provision team. The meeting was held locally and was attended by 26 residents who were informed of the reasoning behind the scheme and the design elements.

The planning-related issues raised by local residents at the meeting included:

1 Residents did not wish to see timber-cladding on the external appearance of the development because they felt timber cladding has an unsightly appearance when weathered and there are usually maintenance issues with timber cladding.

2 Residents wanted clarification as to which trees were going to be lost as a result of the development and, wanted some assurances that some replacement tree planting would take place.

3 Residents had some concerns that car parking associated with the development would block the highway. A Guinness Northern Counties Housing Association representative explained to the audience/residents that the parking provision for the development would be provided within the site boundary and therefore would not block or cause obstructions to the existing highway network.

Other non-planning related concerns that were raised at the public meeting included:

1 Concern regarding rubbish and building debris blowing around the estate whilst the works are being carried out during the demolition and construction phases.

2 Concern regarding the times that works would be commencing and ceasing, and the possible disturbance to neighbouring residents.

3 Concern that plant and equipment associated with the development would obstruct the adjacent highways and thereby would restrict access for local residents and emergency services.

PLANNING ASSESSMENT

Land Use Policy

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

The proposals represent a ‘preferred’ use (Housing – Class C3) in accordance with UDP Policy H10 (Development in Housing Areas).

The adopted SDF Core Strategy Policy CS24 (Maximising the Use of Previously Developed Land for New Housing) gives priority to the development of previously

113 developed land for new housing. The site falls within the definition of ‘previously developed’ given that there is an existing hostel for people with learning difficulties on the site.

Sustainability

The site is in a sustainable location, being within easy walking distance of public transport services on Warminster Road and local shopping facilities on Derbyshire Lane.

Core Strategy Policies CS63 (Responses to Climate Change), CS64 (Climate Change, Resources and Sustainable Design of Developments) and CS65 (Renewable Energy and Carbon Reduction) require all developments to be designed to reduce emissions of greenhouse gases, promote renewable energy use resources sustainably, and encourage environments that promote biodiversity.

As part of the HCA (Homes & Communities Agency) funding process for this development, it is a requirement that the development must meet “The Code For Sustainable Homes” and within this code there is a requirement to conserve fuel and power via a number of different methods (many of which might be deployed as part of this development) i.e. heat recovery systems, robust construction details, improved “U-values” to the building fabric, and renewable energy techniques such as wind turbines and solar panels. It is intended that this development will achieve a minimum code 3 CSH rating. Assessment is carried out independently by approved inspectors and this is an on-going process. It is considered appropriate in this instance that a suitably worded planning condition be imposed requiring details to be submitted to and approved by the Local Planning Authority to demonstrate what methods will be used to secure reduced carbon emissions and a more energy efficient development. This should ensure that the development satisfies Policy CS64, and also Policy CS65.

The applicant has demonstrated a commitment to enhancing biodiversity on site, through measures including hedgerow, bulb and tree planting, bat boxes, bird drinking points and habitats for invertebrates, in compliance with Policy CS63.

Design

UDP Policies BE5 (Building Design and Siting) and H14 (Conditions on Development in Housing Areas) and Core Strategy Policy CS74 (Design Principles) seek high quality design and satisfactory integration of new developments in their surroundings.

The proposed development reflects a design that sits comfortably on the plot and comfortably within the wider neighbourhood context. The facing materials are a mixture of render and brickwork and, the roofing material will be an artificial slate. The combination of material options replicates (in terms of general appearance) some of the materials in the area. The hipped roof shapes to the individual blocks also replicate some of the roof designs in the area. The development is primarily two-storey and this also reflects the scale and form of neighbouring properties.

114 Although the existing site has an open-plan appearance (i.e. no boundary treatment), this development will incorporate some boundary treatment which will be a mixture of 1.8 metre high close-boarded timber screen fencing (which will give privacy to rear gardens and amenity spaces) and a 1.1 metre high metal railing fence to serve as an ornamental demarcation boundary towards the front of the site. The proposal will also incorporate some additional landscaping along the front boundary which will help soften the appearance of the development. It is felt appropriate in this instance that appropriate planning conditions be imposed requiring details of the fencing/means of enclosures and the landscaping scheme to be agreed prior to works commencing.

The building has been planned with the main room windows being to the fronts and rears of the flats (north and south), and smaller windows on the east and west elevations. This ensures maximum impact from the natural light and it also ensures some surveillance on the cycle and car parking areas.

The application has been assessed by the South Yorkshire Police Architectural Liaison Officer, and his view is that the low (1.1. metre high) fencing fronting Brindley Crescent needs to be supplemented with a thorny type hedge/landscaping to serve as a further deterrent. It has also been considered that lighting needs to be given some consideration so that potential areas of risk are given some degree of protection from intruders and also to serve as a way of reducing the fear of crime. It is essential therefore that further consideration be given to ensuring that the main entrance areas, footpaths and the car parking areas be adequately covered by way of light with automatic sensors. It is considered appropriate to impose an appropriately worded planning condition requiring the lighting details to be submitted and approved prior to works commencing on site.

In view of the above comments and, subject to compliance with the proposed conditions, it is felt that the proposal (in terms of design, built form and materials) will be acceptable and should accord with Policies BE5, H14(a) and CS74.

Residential Amenity

There will be approximately 22m between the main windows (facing Brindley Crescent) and the front facing windows of the nearest residential properties (on Brindley Crescent), furthermore to safeguard the future development opportunities of the adjacent site (i.e. the site of the existing hostel) there will be a separation distance from the proposed built accommodation to the boundary of the plot of approximately 14 metres which should ensure a reasonable separation between buildings and windows of future neighbouring developments. Although the development will be built approximately 1.2 metres away from the eastern boundary of the plot, there are a minimal number of windows facing east (in close proximity of the boundary) and those windows that do exist are either secondary windows at ground floor level or secondary first-floor level windows that will be non-openable and obscure glazed (by planning condition) and therefore, will not be capable of causing adverse overlooking problems for the adjoining residential plots.

115 As previously mentioned a mixture of screen fencing and landscaping should help ensure that a reasonable site enclosure is created to help define the boundaries and defensible spaces of the site. Communal gardens and spaces around the building provide a mixture of private and communal spaces where the residents of this development will be able to interact with each other or be used as personal spaces. The majority of the communal gardens are located towards the south of the proposed building in order to create a more pleasant and user-friendly space (in terms of the sun’s orientation). In total there will be in excess of 530 sq metres of outdoor amenity space which should ensure that there will be reasonable provision for the future residents of the development.

The development is such that the residents (who will all have learning difficulties) will be able to interact and socialise in the communal spaces which will help them as a mini community but also allow them to gain their independence as individuals. Support will be on-hand in the form of out-reach workers where there will be a presence on site 24 hours a day, 7 days a week.

The proposal satisfies supplementary planning guidance in terms of minimum separation distances, adequate provision of amenity spaces and minimal detrimental impact on living conditions for existing future residents, and therefore, it is felt that the proposal complies with UDP Policies H14(c) and H15 (Design of New Housing Developments).

Highway Issues

The proposal will provide a total of seven off-street car parking spaces of which two will be designated disabled persons parking spaces. The proposal will also incorporate a pedestrian footpath link along the Brindley Crescent frontage and also along the Brindley Close frontage ensuring that there will be adequate pedestrian links from the site to Warminster Road. There is a bus stop located close to the application site on Warminster Road operating a regular bus service which will provide an alternative means of transport to the car. It should also be noted that these flats will primarily be occupied by single people with learning difficulties and therefore experience suggests that car ownership may be relatively low. The number of off-street car parking spaces is therefore considered adequate for this development.

In view of the above-mentioned comments, it is felt that the proposal is unlikely to be a high traffic generating development and, given that the site is adjacent to a regular bus route, the transport needs of the residents will be reasonably met. It is considered that the proposal is unlikely to lead to problems of on-street car parking and as such, it is felt that there are unlikely to be any highway safety issues, indeed, this proposal by the formation of new public footpath links around the whole site will lead to a significant improvement for pedestrian safety. The proposed access arrangements are considered to be acceptable as are the internal manoeuvring arrangements.

There are no objections to the proposal from a highway point of view subject to the imposition of conditions on any permission granted.

116 Landscaping and Trees

In order to accommodate the footprint of the new building, the proposal will involve the necessary removal of two ornamental trees close to the northern boundary of the site. Many of the remaining trees on the site will be retained. Officers have assessed the position and condition of the trees and feel that it is appropriate to require (by planning condition) some adequate replacement tree planting to compensate the loss of the two trees.

Open Space

Policy H16 of the UDP requires developments to make a contribution to the provision and enhancement of Open Space in the locality, where under provision is identified. An assessment has been undertaken which identifies an overall shortfall in provision and in accordance with the policy and associated Supplementary Planning Guidance, the sum of £4027.30 is to be secured by a Unilateral Undertaking.

SUMMARY AND RECOMMENDATION

This is an application for new residential (Class C3) housing for people with learning difficulties on a proportion of a site that already accommodates those same residents within a registered residential institution (hostel). The proposal involves partial demolition of an existing hostel in order to allow the development to be carried out, thereafter, the remainder of the hostel building will be demolished and cleared ready for future disposal. The proposed new accommodation (the subject of this application) will be a two-storey development accommodating 11 residents and 2 outreach staff. The applicant and interested parties have undertaken a public consultation exercise to seek comments and views of existing local residents, but no major concerns materialised as a result of the public consultation exercise. Subsequently, no representations have been received in response to this planning application.

The proposal is considered to be acceptable in policy, amenity and highway terms. The proposal will have minimal impact on the residential amenities of existing residents or of the future occupants of the development. The proposal will also fulfil the needs of people with learning difficulties and allow them to live more independently than they might otherwise live if they were in a residential institution. The proposal will also lead to a significant improvement for pedestrians and local residents by the introduction of a new section of pedestrian footway along both Brindley Crescent and Brindley Close.

The loss of two trees is regrettable but this will be compensated for in the long term by new replacement planting as part of a wider landscaping scheme for the site.

In summary, this proposal represents an acceptable form of development, and therefore, based on all of the reasons listed above, it is recommended that planning consent be approved subject to conditions and subject to a Legal Agreement to secure a financial contribution to the enhancement of Open Space.

117 HEADS OF TERMS FOR LEGAL AGREEMENT

The owner shall pay to the Council, on or before the commencement of development the sum of £4027.30 to be used towards the provision and/or enhancement of recreation space within the vicinity of the site.

In the event that a satisfactory S106 Planning Obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before the 25th January 2010, (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

118

Case Number 09/03196/FUL (Formerly PP-00857583)

Application Type A Full Planning Application

Proposal Retention of single storey rear extension and rear dormer window roof extension (amended plans submitted 15.12.09)

Location 484 Staniforth Road Sheffield S9 3FW

Date Received 16/10/2009

Team CITY CENTRE AND EAST

Applicant/Agent Plan And Build (UK) Ltd

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider that the design of the roof extension, by reason of its materials, siting, form and scale is out of keeping with the design of the existing dwellinghouse and is be injurious to the character of the property itself and the street scene. It is therefore contrary to Policy H14 of the Unitary Development Plan and Guidelines 1 and 2 of the Supplementary Planning Guidance on Designing House Extensions.

2 The Local Planning Authority consider that the roof extension results in unacceptable overlooking to the adjoining residential property, leading to unacceptable loss of privacy, and is therefore contrary to Policy H14 of the Unitary Development Plan and Guideline 6 of the Supplementary Planning Guidance on Designing House Extensions.

3 The Local Planning Authority consider that the roof extension is overbearing in relation to the adjoining residential properties and therefore results in an unacceptable affect on the living conditions of occupiers of the adjoining properties. As such the development is contrary to Policy H14 of the Unitary Development Plan and Guideline 5 of the Supplementary Planning Guidance on Designing House Extensions.

119 Site Location

120 LOCATION AND PROPOSAL

The application relates to a two storey, brick built, mid terraced property located on Staniforth Road. The property has a feature bay window to the front of the property adjacent to a front door and this is set back from the highway via a small forecourt garden. The rear of the property is accessed via a shared passageway which is located to the side. To the rear of the property is a yard area, which is the amenity space for the subject property. The boundary treatment for the property comprises a brick wall of approx. 2metres in height to the rear, and this wall backs onto Ribston Road.

The street scene consists of two storey terraced properties which are of a similar build style to the subject property. Directly to the rear is a single storey building which is used as a vehicle repair centre. The property is located within an area designated as a Housing Area in the adopted Unitary Development Plan.

This application seeks consent for the retention of a single storey rear extension and rear dormer window/roof extension.

RELEVANT PLANNING HISTORY

86/01742/FUL Provision/rebuilding of front boundary walls, railings and gates GRA 24/09/1986

SUMMARY OF REPRESENTATIONS

There have been no letters of neighbour representation regarding this application.

PLANNING ASSESSMENT

Policy H14 ‘Conditions on Development in Housing Areas’ states that new development will be permitted provided that, extensions are well designed and would be in scale and character with neighbouring buildings, that the site would not be over developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space nor would it endanger highway safety.

The adopted Supplementary Planning Guidance Note on Designing House Extensions sets out a number of guidelines which aim to provide further detail and advice on Designing House Extensions, on matters including design, street scene, overbearing, privacy, amenity space and highways. Roof Extensions

The roof extension whilst constructed as one structure will, for the purposes of this report, be referred to as two elements: (i), the dormer to the rear roof plane and, (ii) the extension to the two storey rear offshot.

Design

In general design terms both the dormer extensions to the property are considered to be excessively large and dominate the rear elevation and roof scape of this

121 property. The scale is such that the dormer extension appears as a third floor rather than a dormer window extension.

The nature of the dormer and roof extension is such that it does not appear as a dormer window and does not relate well to the original property. The off shot originally had a mono-pitched roof which is a traditional feature to this row of terraces and ensures that the off shot appears subservient to the main property, whilst also minimising the impact upon neighbours. The increase in height to the offshot and the creation of essentially a three storey flat roof extension to the property is considered to be detrimental to the visual amenity of the property.

The visual impact of the extension is also not helped by the use of non matching brickwork which means that the extension is clearly evident as such.

In considering the dormer window to the rear roof plane, as one element, minus the attached off shot extension, this is considered to be acceptable. It is noted that the window is relatively large but it is set above the eaves and below the ridgeline and therefore meets the general principles of designing an acceptable dormer window.

The visual impact of these dormer and roof extensions as a whole is considered to be more noticeable and detrimental to the character of the property as it is clearly visible from Ribston Road to the rear.

In considering the acceptability of this proposal in design terms, consideration has been made for the works undertaken and the ability for the applicants to easily undertake amendments to this proposal. As the extension has been built off the existing offshot any amendment would require significant structural alteration. However, it is considered that the scheme as it currently stands, is detrimental to the amenities of the neighbouring properties and also visually detrimental to the subject property and the street scene. An appropriate compromise would however, be the removal of the roof extension to the offshot and the retention and creation of one large dormer window to the rear roof plane.

Overbearing

The orientation of the subject property (the front of which faces north east) is such that the roof extension, results in overshadowing to No.482, for at least part of the day. This over shadowing is compounded by the height and prominence of the dormer when viewed is this property.

As the extension has also been built up from the original pitched roof the dormer extension over the offshot is dominating and overbearing to No. 486.

The level of overbearing created by the extensions to this property are considered to be contrary to the aims of Guideline 5 of the adopted SPG on Designing House Extensions.

Privacy

122 The location of the windows to the roof extension to the offshot are considered to result in direct overlooking to the windows to the side elevation of the two storey offshot to No.482. Whilst it is acknowledged that there is an element of mutual overlooking between the two off shots, the dormer extension to the offshot will create an enhanced perception of overlooking, particularly as the windows will be at a higher level looking down into the windows of No.482. This loss of privacy is contrary to the aims of Guideline 6 of the adopted SPG on Designing House Extensions.

It is not considered that the windows to the dormer on the rear roof plane compromise the privacy of the properties to the rear.

Single Storey Rear Extension

The rear extension is built over the site of an existing single storey offshot, and the extension beyond that which previously existed is shown as being 0.75 metres. Whilst this additional distance is not desirable, it is considered that the majority of impact and harm is caused by the existing off shot and its closer proximity the main dwelling than this element of the proposal. It is therefore considered that it would be unreasonable to refuse this element of the application with enforcement action, based upon the impact of this additional 0.75 metres.

In design terms, the rear extension is considered to be acceptable. The pitched roof is desirable and the openings proposed are of appropriate proportions. As with the roof extension it is noted that the brick choice is not as close as would normally be desirable however, this rear extension is not particularly visible from public areas, in comparison to the roof and it is therefore considered reasonable to allow this rear extension.

ENFORCEMENT

As the works have already been carried out, it is necessary to seek Members authority for the Director of Legal Services to take all necessary steps, including enforcement action and the institution of legal proceedings, to secure the removal of the roof extension to the existing off shot and its reinstatement to a monopitch roof.

SUMMARY AND RECOMMENDATION

Whilst the single storey rear extension and the dormer extension to the rear roof plane are acceptable the roof extension to the two storey offshot is considered to be unacceptable in terms of its visual impact upon both the subject property and the street scene and also in terms of causing overbearing and a loss of privacy to the neighbouring property. This is contrary to the aims of the adopted SPG on Designing House Extensions and Policy H14 of the adopted Unitary Development Plan. A recommendation is therefore made for refusal with enforcement action.

123

Case Number 09/03114/OUT

Application Type Outline Planning Application

Proposal Erection of building to be used as a fast food restaurant (Use Class A3), including drive through takeaway facility (Use Class A5)

Location Car Park At 722 Prince Of Wales Road Sheffield

Date Received 06/10/2009

Team CITY CENTRE AND EAST

Applicant/Agent Bond Bryan Architects (Fountain Precinct)

Recommendation Grant Conditionally

Subject to:

1 The development shall not be commenced unless and until full particulars and plans thereof shall have been submitted to the Local Planning Authority and planning approval in respect thereof including details of (a) access, (b) appearance, (c) landscaping, (d) layout and (e) scale (matters reserved by the permission) shall have been obtained from the Local Planning Authority.

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

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

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

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

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

124

4 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 A1 or A2.

The application site is an out of centre site and Class A1 and A2 uses would be contrary to local and national planning policy which seeks to promote such uses within existing shopping centres.

5 The use of the building for the purpose of Use Class A5 (Takeaways) shall at all times remain ancillary to the main use of the building for Use Class A3 (Restaurants and Cafes) purposes and shall not be used for any other purpose.

In the interests of the amenities of the locality.

6 The maximum dimensions of the building hereby approved shall be 5.0 metres high x 29.7m long x 14.8m wide as stipulated on Drawing No. (08)001 PL0, unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure the development is of an appropriate scale and does not detrimentally impact on the visual amenities of the locality or the residential amenities of surrounding occupiers.

7 The Gross Internal Area of the development hereby approved shall not exceed 370 sq.m. as stipulated in the application’s ‘Design and Access Statement’ (02.10.2009), unless otherwise agreed in writing by the Local Planning Authority.

The application site is an out of centre site and Class A1 and A2 uses would be contrary to local and national planning policy which seeks to promote such uses within existing shopping centres.

8 The building shall not be used unless all redundant access have been permanently stopped up and reinstated to footway, and means of vehicular access shall be restricted solely to those access points indicated in the approved plans.

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

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

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

125

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

In the interests of the safety of road users.

11 Before the development is commenced, full details of measures to prevent vehicles from turning right when emerging from the site onto Prince of Wales Road shall have been submitted to and approved in writing by the Local Planning Authority. The development shall not be used until such preventative measures have been installed on site in accordance with the approved plans, and thereafter, such measures shall be retained.

In the interests of the safety of road users.

12 There will be no buildings within 3 metres of any side of the existing culverted watercourse which runs through the north east corner of the site, as shown on Drawing Ref 09-136 (52)001 Rev PL2 (Drainage Easement Layout).

To maintain access to the watercourse for maintenance or improvements.

13 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.

14 Unless otherwise agreed in writing by the Local Planning, no building or other obstruction shall be located over or within 6.0 (six) metres either side of the centre line of the 375mm, 600mm, 750mm, 1200mm and 1800mm diameter disposal mains, which cross the site.

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

15 Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 5.0 (five) metres of the centre line of the 600mm, 750mm, 900mm and 1350mm diameter public sewers, which cross the site.

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

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

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

18 Unless otherwise approved 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.

19 The surface water discharge from the site is subject to a reduction of at least 30% compared to the existing peak flow and that the detailed proposals for s.w. disposal, including calculations to demonstrate the reduction, must be submitted and approved by the Local Planning Authority prior to commencement of building.

To ensure satisfactory drainage arrangements and to mitigate against the risk of flooding.

20 The building shall be used for the above-mentioned purpose only between 0900 hours and 2330 hours, Mondays to Saturdays, and 0900 hours and 2300 hours on Sundays and Public Holidays.

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

21 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.

22 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.

127

In the interests of the amenities of the locality.

23 The building shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. The odour control equipment shall include an electrostatic precipitator, filters and an odour neutraliser unless otherwise agreed in writing by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

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

24 Prior to the use commencing, the area of car parking between the southern boundary of the site and the footpath to the south leading to Handsworth Avenue shall have been landscaped, unless otherwise agreed in writing by the Local Planning Authority.

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

25 Before work on site is commenced, full details of suitable inclusive access and facilities for disabled people, both to and into the building(s) and within the curtilage of the site, shall have been submitted to and approved in writing by the Local Planning Authority and the building shall not be used unless such inclusive access and facilities have been provided in accordance with the approved plans. Thereafter such inclusive access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

26 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying the applicant’s strategy for providing renewable energy and/or energy efficiency measures that are proposed to be used in the development. Thereafter any agreed equipment, connection or other measures set out in the report shall be included within the development, retained in use and maintained for the lifetime of the development, unless otherwise agreed in writing by the Local Planning Authority.

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

Attention is drawn to the following justifications:

128 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:

IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas BE5 - Building Design and Siting BE7 - Design of Buildings Used by the Public BE8 - Access to Workplaces CS64 - Climate Change, Resources and Sustainable Design of Developments

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

Attention is drawn to the following directives:

1. The Applicant is advised that the Local Planning Authority would like to see further consideration given to the position of the building on the site and its relationship to the Prince of Wales Road frontage and its presence in the streetscene. The indicative drawings submitted show a row of car parking dominating the busy road frontage and the building behind which is not ideal for such a busy road frontage. The position of the building will, however, have to take into account the sewer and drainage infrastructure which through the site (see directive below).

2. The Applicant is advised that the position of the building, as stipulated on dwg no. (06)001 rev. PL0 (Indicative Site Plan), is not acceptable to Yorkshire Water as it appears that the proposed new building will be located over the line of the sewers which through the site. All of the sewers are not shown on the submitted drawings and siting of the building in the shown position could jeopardise Yorkshire Water’s ability to maintain the sewerage network. For further information, the developer should contact the New Development Team (telephone 0845 124 24 29, Fax 01274 372834).

3. The Applicant is advised that foul water from kitchens and/or food preparation areas of any restaurants and/or canteens etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network. The developer is required to consult with Yorkshire Water’s Industrial Waste Section (telephone 0845 124 24 24) on any proposal to discharge a trade effluent to the public sewer network.

129 4. Should a vehicle loading bay be proposed at the detailed design stage, the Applicant is advised to liaise with both Yorkshire Water and the Environment Agency regarding appropriate surface water run-off measures.

5. The Applicant is advised that the Local Planning Authority would like to see landscaping provided to all boundaries, including the south elevation of the site.

6. The Applicant is encouraged to ensure that any future occupiers of the site be committed to signing up to achieving Sheffield’s ‘Healthy Choices Retailers Award’. This is an award commissioned and endorsed by NHS Sheffield with the aim of ensuring that customers have the choice of a range of healthy options when the eat out. For further details about this award, the Applicant is advised to contact NHS Sheffield, Public Health Food and Health lead Baljit Sanghera by telephone 0114 305 1071 or email [email protected].

7. 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.

8. 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.

9. The Applicant is advised that the position of the building, as stipulated on dwg no. (06)001 rev. PL0 (Indicative Site Plan), is not acceptable to Yorkshire Water as it appears that the proposed new building will be located over the line of the sewers which through the site. All of the sewers are not shown on the submitted drawings and siting of the building in the shown position could jeopardise Yorkshire Water’s ability to maintain the sewerage network. For further information, the developer should contact the New Development Team (telephone 0845 124 24 29, Fax 01274 372834).

130 Site Location

131 LOCATION AND PROPOSAL

The application site comprises an area of land that is currently situated within the curtilage of 722 Ltd, which occupies the former D. Mckee office building and car park area on Prince of Wales Road, Darnall. The site has an area of approximately 0.32 hectares and is currently fenced off from surrounding land uses and appears unused. It is currently surrounded by a deteriorating chain link fence and contains overgrown vegetation.

The site is accessed via Prince of Wales Road and has a prominent position on the east side on approach to Darnall’s district centre. There is a variety of uses which surround the site; to the south and west of the site is housing, to the north is office use (722 Ltd), and to the east there are engineering workshops and open space land.

This application proposes to use the site as a fast food restaurant (use class A3) with a drive through takeaway facility (use class A5). This is an Outline planning application with all details reserved for future consideration at the Reserved Matters stage.

Indicative details have been submitted with the application and relate to the layout, scale, appearance and landscape.

The submitted details show a single storey building close to the centre of the site with an internal loop road, incorporating drive through, around it. There are 4no disabled car parking spaces to the immediate north of the building and 32no visitor parking spaces shown to the north, west and east. A landscape strip is also indicated along the periphery to the north, east and west side of the site. Vehicular access is shown at the northern end of the site at the same point as an existing access to the site (former car park access).

RELEVANT PLANNING HISTORY

Outline planning consent for the erection of a building to be used as a hot food takeaway (Use Class A3) with drive through facility was previously granted by the Council in October 2003 (Ref. 03/03320/OUT). This permission has now expired.

Members are also advised that planning permission to carry out alterations and refurbish the D. Mckee office building and car park areas to form a call centre and offices was granted in December 2002 (Ref. 02/02359/FUL). A condition of this approval was a reduction in the car parking spaces available with the excess space being separated off and unused unless otherwise agreed. This excess space is the current application site.

SUMMARY OF REPRESENTATIONS

The application has been advertised by neighbour notification letters.

There have been 4no. letters of objection received from neighbours on Prince of Wales Road. The grounds of objection are:

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− There is already a lack of parking space at 722 Ltd and employees park in the surrounding residential area. If the hot food facility is allowed this would increase parking problems and cause even more of 722 Ltd employees to park in the residential areas. − The fast food facility will create even more traffic residents will have even greater difficulty getting out of private drives and crossing Prince of Wales Road. − When there are events at the Sheffield Arena traffic regularly backlogs into a stream of slow moving traffic. Hot food traffic could make this worse. − There are already fast food services close to the application site. Do we need another? − The value of houses will depreciate with a hot food takeaway opposite. − The hot food takeaway will probably be open until late at night. The noise of people, vehicles and the light from the building will make it more difficult for residents to get to sleep in preparation for work the next day. − Concern that the development would seriously affect the businesses located on Darnall shopping centre which provide a similar service.

Additionally, a letter of concern has been received from NHS Sheffield which occupies some of the offices at 722 Prince of Wales Road and seeks to promote healthier eating by endorsing the Sheffield ‘Healthy Choices Retailers Award’. This award is given to food outlets throughout the city and is about working with caterers to make changes: balancing commercial considerations and health issues. It is therefore suggested by NHS Sheffield that the granting of planning permission be conditional on the lease only being let to someone who signs up to achieving the ‘Healthy Choices Retailers Award’.

PLANNING ASSESSMENT

Policy Issues

The application site is located in an area identified as a ‘General Industry Area without Special Industries’ in Sheffield’s adopted Unitary Development Plan (UDP). The requirements of local UDP Policy IB9 which relates to ‘Conditions on Development in Industry and Business Areas’ is therefore relevant to this application.

National planning guidance on retail developments must also be considered. These considerations replace UDP Policy IB5's listing of food and drink uses as being 'acceptable' in the area. PPS4 'Planning for Sustainable Economic Growth' (Dec 2009) has now replaced PPS6 'Planning for Town Centres' (2005) as the vehicle for policy guidance. PPS4, like PPS6, lists drive-through restaurants as main town centre uses to which the tests of sequential approach and impact apply. The test of ‘need’ has now been removed.

It is considered that the applicants have supplied enough information to allow the application to be assessed under the new PPS4. Considering the sequential approach and impact tests in turn:

133 Sequential approach: the applicants have assessed whether alternative sites closer to nearby centres would be appropriate. The centres are: Darnall District Centre, Manor Top District Centre and Handsworth Local Centre. They provide acceptable evidence that none of these sites are suitable and available for the development of a drive through restaurant. In summary, the Sequential Test states that other potential sites are not available due to reasons which include: ownership constraints/restrictive covenants, inappropriate size to accommodate the development, they are subject to alternative development proposals, they are currently in use for alternative operations, and/or they are restricted due to highway/residential amenity constraints. Given the character of other sites assessed, it is therefore accepted that the application site represents a suitable, viable and deliverable site for the proposed use.

Impact: it is considered that the proposal is unlikely to impact on Darnall, Manor Top, Handsworth or other centres. The form of development proposed is in any case not as likely to enhance the vitality and viability of centres as, for example, retail development. It is 500 metres from the centre and reasonably accessible by bus, although not on a high frequency bus route. Furthermore, drive-through restaurants do not really lend themselves to existing vacant shops or premises within existing district centres.

In light of the above, it is considered that the proposed development does not contradict the objectives and guidance of PPS4. It has demonstrated that there are no other suitable locations in the surrounding local centres. It is therefore concluded that the principle of a drive through takeaway restaurant is acceptable at this site and does not raise any significant policy concerns.

Design Issues

Relevant Design Policy

As well as detailed consideration about the use and amount of development, Circular 01/06 requires a basic level of information to be submitted with outline planning applications in relation to layout, scale and access.

UDP Policy IB9, part (c), requires that development in industry and business areas should be well designed with buildings and storage of a scale and nature appropriate to the site. UDP Policy BE5 ‘Building design and Siting’ expects good design and the use of good quality materials in all new buildings. Core Strategy Policy CS 74 ‘Design Principles’ must also be taken into account as it expects high quality development that respects, takes advantage and enhances the distinctive features of the city, its districts and neighbourhoods.

Layout

The indicative site layout shows the proposed building located towards the southeast corner of the site. The building is surrounded by a vehicle circulation area, which provides access to the car parking spaces and the drive-through.

134 The ‘Design and Access Statement’ discusses that any building on this site will have to be restricted to the area shown on the plans due existing sewer and drainage infrastructure, which runs across the north west corner of the site. Yorkshire Water has confirmed the existence of various sewers crossing the site and requested conditions to set suitable easement zones between any new building and the sewer/drainage infrastructure.

Additionally, and in light of the above, Yorkshire water has advised that the existing proposed layout is not acceptable because it appears to exceed the easement zones and could jeopardise Yorkshire Water’s ability to maintain the sewerage network. It is the case that all of the sewers are not all shown on the submitted Architect’s drawings. As the layout of the scheme is not being agreed at this stage, it is recommended that a directive be added to any approval to advise the applicant of Yorkshire Water’s current concern.

In spite of the easement zones, it is considered the proposed development of such scale could be reasonably accommodated on the site. It is, however, considered that any reserved matter proposal should further consider the building’s relationship to Prince of Wales Road and look to position the building so that it has a better relationship to the road frontage, as far as is reasonably possible given the site constraints, in order to enhance its prominence and appearance in the streetscene and move the majority of car parking accommodation out of public view to the rear of the site. The current proposal shows a site frontage that is dominated by a row of car parking and the building behind which is not ideal for such a busy road frontage.

Scale

The indicative plans and details show a single storey building with an overall maximum height of 5.0 m with a dual pitched roof. The building is 14.8m wide and 29.7m long. The overall Gross Internal Area (GIA) IS 370sqm. It is uncommon for these types of restaurants to be single storey and it is considered that such a use could reasonably be accommodated within the scale parameters shown. Therefore, given the nature of the application proposal and the site’s situation within a mixed-use area, overlooked by existing housing, a single storey building of the scale proposed would be acceptable at this location.

Access

UDP Policy IB9, part (f), requires that development be adequately served by transport facilities and provide safe access to the highway network and appropriate off-street parking.

The indicative plans show access to the site from its north-western corner via a redundant access that was formerly a main access to the office car park before it was required to be reduced as part of application 02/02359/FUL. A report has been submitted with the application which deals with the access issues arising from the proposal. It assesses the existing conditions at this part of Prince of Wales Road as well as the impact of the proposed development and related traffic. The report concludes that the proposal would offer a significant reduction in traffic movements

135 compared to the site’s previous use as a car park and that the likely traffic generation can easily be accommodated, including right turning traffic.

Members are advised that there is a protected right turn lane on Prince of Wales Road which provides access into the site and it is considered that there should be no highway issue with vehicles turning right into the site. However, it is considered that there could be long delays and highway conflict for vehicles turning right out of the site when leaving the restaurant. It is therefore recommended that this is not allowed in order to alleviate such conflict and concern. Notwithstanding the content of their Transport Report, it is understood that the applicant accepts this additional restriction, therefore a condition is recommended to be attached to any approval requiring which requires the submission of measures to prevent this vehicle movement.

The access position is considered to be sufficiently separated from the pedestrian crossing and bus stop to not cause significant pedestrian safety concerns. The proximity of the pelican crossing helps in terms of creating gaps for vehicles to enter Prince of Wales Road and also provides safe pedestrian links to the site.

Overall, it is considered that the access shown on the plans would be acceptable to serve the proposed restaurant. It is virtually identical to the same access that was proposed in the previous approval for the same development in 2003. Material circumstances in the area have not changed significantly to warrant a change in the Council’s opinion and therefore it is considered that the principle of gaining access to the site via the proposed access onto Prince of Wales Road, as shown on the indicative site plan, would therefore be deemed acceptable. It is considered that the above details demonstrate that the hot food takeaway restaurant of the scale shown could be satisfactorily accommodated in a safe manner, in accordance with UDP Policy IB9, part (f).

Other Issues

External Appearance Issues

Members are advised that there have been no detailed design proposals submitted to assess at this stage and therefore matters of architectural design of any building on this site will be reserved for future consideration.

The ‘Design and Access Statement’ provides some indicative details about the building’s possible material palette, stating that it would consist of brick, composite cladding and an aluminium profile built up roof system. It also states that such materials will be in accordance with standard corporate requirements and styling of an end user.

In principle, the details are considered to set the basis for future design discussions. The proposed material palette is not uncommon for a hot food takeaway restaurant, although it is hoped that future negotiations can secure a building design that is individual and interesting with architectural character which compliments the surroundings and adds positively to the streetscene.

136 Residential Amenity Issues

UDP Policy IB9, Part (b), states that new development should not cause residents or visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions. New development should not create unacceptable living conditions for people living nearby.

The nearest residential properties to the edge of the site are approximately 35m to the South and 40m to the West on the opposite side of Prince of Wales Road. The new building is likely to be even further away from the housing as the indicative site plan submitted shows landscaping, parking and a looped access road around the perimeter of the site.

Members are advised that the impact of the development on the surrounding residential properties was previously considered as part of the October 2003 planning approval at this site. This relationship was considered acceptable at that time and it is not considered that there has been any significant material change in circumstance in the area to warrant a change in the Council’s opinion.

The site, and surrounding area, is already affected by traffic noise due the high volumes of vehicles on Prince of Wales Road, both day and night. Given that the site does not directly adjoin residential properties and the existing noise climate of the area, it is considered that a significant amount of noise will be absorbed by the road and will be within acceptable limits, provided that operating hours are satisfactorily controlled.

Any proposed development at this site will be a new construction and the site is positioned well away from residential properties. The properties opposite the application site are separated by Prince of Wales Road.

In light of the above, it is considered that the proposed development would not be detrimental to the residential amenities of neighbouring and surrounding dwellings. It is therefore concluded that the proposal complies with UDP Policy IB9.

Car Parking Issues

Car parking spaces are proposed to the north, east and west of the building and are shown laid out in horizontal and parallel bays. There are 32 standard spaces and 4 disabled spaces proposed. The Yorkshire and Humber Regional Spatial Strategy (RSS) does not specify a parking standard for A3 restaurants with A5 takeaway facility but states that it is the responsibility of the Local Planning Authority to assess the quantity proposed. In this instance, there is no objection to the car parking layout or the quantity of spaces proposed for this use. There is no other suitable location for the car parking on the site, especially given the drainage infrastructure issues discussed above. Furthermore, it is considered that quantity of spaces proposed is appropriate to the use and size of this development.

Landscape Issues

137 The application site benefits from mature perimeter landscaping along the Prince of Wales frontage and the indicative site plan proposes that this be retained as part of any future development. It is also indicated that an array of semi mature trees, shrubs and grass land shall be planted on the periphery to the north, east and west side of the site. The details of the planting are limited at this stage as the main details are reserved for a later stage. It is, considered that the principle of the planting in the described locations is acceptable, however it is also felt that there should be planting to the south elevation of the site to ensure that the whole site perimeter is landscaped. A directive is recommended to advise the applicant about this matter.

Additionally, Members are advised that the previous planning approval at this site required, by condition, further landscape to occur between the south boundary of the site and the footpath to the south leading to Handsworth Avenue. It is considered that this condition should again be imposed in order to help enhance the landscape quality of an area and provide a suitable buffer between the application site, existing and proposed car parking, and the residential properties to the south.

Disabled Access Issues

Disabled access to the building and design features will be assessed at the reserved matters stage when more detailed design features have been considered. It is advised that any future design must comply with the requirements of UDP Policy BE7 ‘Design of Buildings Used by the Public’ and Policy BE8 ‘Access to Workplaces’.

Sustainability Issues

Policy CS 64 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 as well as use resources sustainably.

As the proposals are submitted as an outline application, the precise design approach to meet the requirements of Policy CS64 cannot be determined at this stage. In support of the application, the submitted ‘Design and Access Statement’ indicates that the proposal will consider energy efficient design and construction methods, including potential rainwater harvesting to service toilets, a Sustainable Urban Drainage system, solar water heating using indirect and direct solar energy to heat water, and energy-efficient lighting systems.

The Applicant’s consideration of these sustainable design methods and intent to consider energy efficient design and construction is welcomed and provides a positive basis for future design discussions. In order to ensure that this commitment is maintained through until development, a condition is recommended for any approval to require the submission of a report identifying more specific details of the applicant’s strategy for providing final renewable energy and/or energy efficiency measures to be used in the new development at this site. In

138 these terms it is considered that the application would comply with the aspirations of Policy CS64.

Members are advised that Policy CS 65 of the Core Strategy ‘Renewable Energy and Carbon Reduction’ does not apply to this application due to the size of the building (370 sq m). Only significant developments, which include 5 or more dwellings, or more than 500 sq m of gross internal floorspace are subject to the policy. Therefore, there is no current requirement for the scheme to provide 10% of its predicted energy needs from decentralised and renewable or low energy, and 20% reduction in the development’s overall predicted carbon dioxide emissions by 20%. Notwithstanding this it is remains the aim of the Authority to promote sustainable development wherever possible and there is a clear commitment in the submitted document to considering energy efficient design and construction as well as renewable design features, as described above. Again, this is welcomed and your officers consider it an acceptable approach.

RESPONSE TO REPRESENTATIONS

It is considered that many of the highway and traffic concerns have been addressed in this report. The Council’s Highway Development Control Section provides advice on these matters and in this instance raises no objection to the application as proposed from a highway safety or traffic generation point of view.

The impact of any development on surrounding residential properties is not a material planning consideration and therefore can have no weight in the determination of this planning application.

The impact of the proposed development on the surrounding residential properties has been addressed in the relevant section above.

With regard to the impact of the development on existing businesses in the Darnall District Centre, it is considered that this has been addressed in the ‘Policy Issues’ section in this report.

The existence of other food and drink uses in the locality is not a planning reason for rejecting this proposal.

With regard to NHS Sheffield’s letter of representation, it is advised that the Sheffield ‘Health Choices Retailers Award’ is not a material planning consideration and therefore it cannot be conditioned as part of a planning decision. Clearly healthy eating should be promoted and it is therefore recommended that this Award be brought to the applicant’s attention by a directive which shall be attached to the decision notice.

SUMMARY AND RECOMMENDATION

This application seeks outline planning approval for a fast food takeaway with drive-through takeaway facility. The site is an empty parcel of land within an existing office car park and has had a previous outline planning approval for a near identical planning use, which was never implemented and has now elapsed. The

139 principle of such a development has therefore already previously been established at this site with very little material change to the land or surrounding area.

The site is allocated in a general industry area but established housing exists around 35m to the south and 40m to the west across Prince of Wales Road. Notwithstanding objections, it is concluded that the application proposal is an acceptable planning use at this site and meets with the requirements of relevant Unitary Development Plan and Core Strategy Policies as well national planning policy guidance identified. It is considered that the development would not be detrimental to surrounding residential amenities and would not cause harm to the highway environment. Furthermore, it is considered that it has been demonstrated through a retail sequential test that there is no other suitable site in the surrounding local centres and therefore the scheme complies with the requirements of PPS4.

All details have been reserved for further consideration but, as detailed in this report, it is considered that it has been demonstrated that a suitable development could be achieved at this site. It should be acknowledged, however, that further work and changes to the indicative details will be required at the next stage in order to ensure an overall acceptable scheme. These issues have already been highlighted in the main assessment and are further brought to the Applicant’s attention through the proposed conditions and directives.

In light of the above, the application is recommended for approval, subject to relevant conditions.

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Case Number 09/02862/FUL

Application Type A Full Planning Application

Proposal Use of building as bar and night club with opening hours of 1030 hours to 0230 hours Sunday - Thursday and 1030 hours to 0500 hours Friday and Saturday

Location 575 Attercliffe Road Sheffield S9 3RB

Date Received 10/09/2009

Team CITY CENTRE AND EAST

Applicant/Agent B And F Sona Limited

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the use of the building as a night club between 10.30 hours and 0230 hours the following day on Sundays to Thursdays and between 10.30 hours to 0500 hours the following day on Fridays and Saturdays would result in an unacceptable level of noise disturbance to the occupiers of adjacent residential property. As such the proposal is contrary to the aims of Policy S10 of the Unitary Development Plan.

141 Site Location

142 LOCATION AND PROPOSAL

The application site consists of a refurbished and extended two storey former public house, located at the junction of Attercliffe Road and Oakes Green, within the Attercliffe Shopping Centre. The last authorised use of the building was ‘Goodfellas’ - a club with table top dancing. It then remained vacant for some time before it was opened as the current bar and night club. This use is unauthorised at the moment because night club’s do not fall into the same use class as the previous use. A caretaker’s flat is within the building, on the Oakes Green elevation. The building is faced in an ochre coloured render with red window frames.

The neighbouring uses on Staniforth Road are primarily retail, with industrial and associated office uses located to the rear. There is residential accommodation in the form of flats above some of the shops and above the Carlton public house, on Attercliffe Road, to the west of the site. There are further flats east of the site. Close to the rear of the site is the single storey office block of Dowding and Mills which has windows within 1 metre of the site boundary. The boundary is formed from a 2 metre high paladin fence. Land to the east of the site and fronting Attercliffe Road remains undeveloped but has planning permission for a 3 storey development of retail units on the ground floor, with offices over.

The application seeks to retain the use of the building as a bar and night club with the following opening hours:

Sunday to Thursday – 10.30 hours to 0230 hours the following day Friday and Saturday – 10.30 hours to 0500 hours the following day

No external alterations are proposed so the main issues to consider are in relation to land use, residential amenity and highways and access.

RELEVANT PLANNING HISTORY

02/01805/FUL - Alterations and extensions to building for use as bar with table top dancing (use class D2) and provision of a manager's flat – GC 15.10.2002 (The hours of use allowed were 1100 hours to 0130 hours the following day on any day).

03/00135/FUL - Alterations and extensions to building for use as a table top dancing club (Use Class D2) and provision of managers flat (amended scheme) – GC 10.3.2003 (The hours of use were 1100 hours to 0130 hours the following day on any day).

04/00091/FUL - Alterations and extensions to building for use as bar with table top dancing (use class D2) and provision of a manager's flat (application to vary condition 2 imposed by 02/01805/FUL (to amend opening hours from 1100-0130 to 1100-0230) – Refused – 26.03.2004

04/02416/FUL - Alterations and extensions to building for use as bar with table top dancing (Use Class D2) and provision of manager's flat (Application under Section 73 to vary condition 2 (opening hours) imposed by planning permission

143 02/01805/FUL) – GC 03.08.2004 (The hours of use of the club were restricted to between 1100 hours and 0230 hours, on the following day)

06/04093/FUL - Use of building as restaurant and bar (A3) and alterations including erection of two-storey side extension (Re-submission of 06/02837/FUL) (as amended plan Nos 179 05C/06C/04, 1E/04, 2D dated 14.03.07) – GC 20.03.2007 (The hours of use were restricted to between 0900 hours and 2330 hours, Mondays to Saturdays, and 0900 hours and 2300 hours on Sundays and Public Holidays)

SUMMARY OF REPRESENTATIONS

Two representations have been received, objecting to the proposal and raising the following concerns:

- there are a number of residents in close proximity to the premises and the proposed hours of use would cause unacceptable noise and disturbance. Indeed, because the club is already in operation the noise can be unbearable at times. - whilst they have stated 0500 hours in their application they have already been known to operate until well after 0600 hours - vandalism has occurred to cars parked in the Carlton Pub car park since the club opened and anti-social behaviour has been witnessed, such as urinating in alleyways / doorways - large gangs of people have been witnessed hanging around the outside of the club, making noise, in the early hours of the morning - pub customers feel intimidated and threatened and there have been assaults. The police have been called on a number of occasions - the club is selling drink to consume off the premises, judging by the many empty bottles littering Oaks Green and the car park - Very loud music, drugs and anti-social behaviour are commonplace - The club has led to a significant de-valuation of the Carlton Pub because of all the trouble and reduced takings as a result. This could eventually leas to the closure of the Carlton to the detriment of Attercliffe centre.

PLANNING ASSESSMENT

Land Use

The site falls within the Attercliffe Local Shopping Area. Policy S7 of the Unitary Development Plan states that leisure and recreation facilities can be acceptable provided that they comply with the requirements of Policy S10 (Conditions on Development in Shopping Areas). This Policy states that, amongst other things, development should not lead to a concentration of uses which would ‘prejudice the dominance of preferred uses in the Area or its principle role as a Shopping Centre’. In this case the building, now vacant, was previously occupied by a gentleman’s club (use class D2) and as such the proposal does not change the proportion of retail uses in the centre. In principle, therefore, the proposal is acceptable in land use terms.

144

Residential Amenity

The issue of residential amenity is the most important factor when considering this proposal. Policy S10 of the Unitary Development Plan states that changes of use will only be permitted where they do not cause nearby residents to suffer from unacceptable living conditions, including air pollution, noise or other nuisance or risk to health and safety.

The application was accompanied by a Noise Impact Assessment, carried out by noise and vibration consultants. It concludes that, with the addition of acoustic lobbies and a suitable internal noise limit, the venue should technically meet the Council’s requirements in respect of environmental noise emissions, although this would require validation testing on completion of the works. This report has been considered by officers in the Council’s Environmental Protection Service (EPS).

The club is located in a part of the city with relatively low background noise levels throughout the late evening and whilst the immediate vicinity is predominantly commercial in character, there are residential properties in close proximity, whose amenity could be adversely affected. There have already been complaints about noise and public nuisance, with residents nearby affected by excessive noise disturbance by both noise breakout from regulated entertainment and from patrons outside the premises.

The proposals recommended in the acoustic report to contain noise breakout from amplified music by installing 2 acoustic lobbies and setting internal noise levels with a sound limiter appear to be satisfactory, subject to the imposition of conditions. However, more difficult is the issue of street noise, which cannot be managed, other than by curtailing the hours of use of the venue in order that street noise does not persist beyond reasonable hours. EPS have already received complaints from residents nearby. Concerns are generally in respect of noise from people waiting to enter premises, from customers using external facilities for the consumption of drinks and for smoking and from car parks.

Disturbance that can be experienced close to licensed premises can include peoples voices (talking, laughing, shouting), use of mobile phones, music from car stereos as well as engines revving and groups of people hanging around at closing times – all causing annoyance to people trying to sleep in residential properties nearby.

Due to the generally low levels of background noise in this location EPS have recommended that, if this application is approved, the hours of use should be restricted to between 1000 hours and 0200 the following day, on any day. They do not believe that the hours of use as proposed are acceptable.

Having regard to the recommendations of EPS officers, the applicant has been advised in meetings on 2 and 3 December and in writing on 8 and 15 December that officers do not consider that opening beyond 2am is acceptable. The applicant has been asked to confirm whether he wishes the application to be determined as submitted or whether he wishes to alter the proposed hours of use. He has not

145 responded to these requests and, as such, the application must be determined as submitted.

This being the case, it is considered that the proposal is unacceptable due to disamenity being caused to local residents as a result of the extended opening hours of the premises and, as such, it is contrary to Policy S10 of the Unitary Development Plan.

Highways issues

The site is on a main transport corridor and is well served by public transport facilities during the day and into the late evening, although not in the early hours of the morning when the premises would be reliant on taxis and private vehicles. However, during the main evening hours that the premises would be open there are no parking problems on surrounding roads, as such problems tend to be associated with the commercial activities that exist during the day. Bearing this in mind, there would be no reasons to resist the proposal from a highways point of view, particularly having regard to the historical use of the premises.

RESPONSE TO REPRESENTATIONS

A number of the issues raised in the representations are in respect of law and order and licensable activities. The licensing general section and South Yorkshire Police are aware of the concerns that have been raised and are carrying out their own observations of these premises but working closely with officers in the Planning Service. The other issues raised in the representations are covered in the main body of this report.

ENFORCEMENT

The current use of the premises as a night club is unauthorised. The previous use of the premises was as a club with table top dancing, falling into use category D2 (Assembly and Leisure) of the use classes order. Night clubs do not fall into any use class because their characteristics are significantly different to other uses.

Enforcement monitoring of the premises has been taking place, particularly in light of the complaints about the venue received. Although the applicant verbally agreed to close the premises at 2am, pending the determination of this application, officers have witnessed the premises being used beyond these hours.

In light of the fact that the application is recommended for refusal, it is necessary to seek authority to institute formal enforcement proceedings. To this end it is recommended 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 premises.

SUMMARY AND RECOMMENDATION

146 The building was formerly in operation as a gentleman’s club but is now operating as a night club. This is an unauthorised use. The application is to regularise that use and also to request hours of opening up to 0500 hours on certain days as detailed above. The premises are close to residential accommodation and are in an area where night-time background noise levels are relatively low. Whilst the use of the premises as a night club is considered to be acceptable in principle in policy terms, the proposed hours of use are not considered to be appropriate as currently applied for. The applicant has been invited to amend the proposed hours of use but has so far declined to do so. On this basis, officers consider that the night club will continue to cause noise and disturbance to nearby residential property at unreasonable hours and is therefore unacceptable.

It is therefore recommended that this application is refused with enforcement action as detailed above.

147

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 To Report

Subject to:

148 Site Location

149 INTRODUCTION

The application site comprises of a large vacant 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).

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 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.

At the Planning and Highways Area Board on 12th October 2009, Members minded to grant planning permission subject to the omission of the outdoor seating area and the submission of further information to show that noise could be contained within the unit and that adequate fume extraction and air handling equipment could be provided without affecting the amenities of residents. Members also stated that the unit should only be allowed to remain open until midnight (0000 hours) and that controls also be placed on bottle handling and delivery times.

The applicant has since submitted an acoustic report and details of fume extraction. However, they declared a need to maintain the outdoor seating area which they consider to be an essential part of the proposed restaurant offer.

SUMMARY OF REPRESENTATIONS

Since this application was last presented to Board in October 2009, four more letters of objection have been received from residents, or former residents, of West One. The concerns raised by objectors include:

- the increasing levels of noise emitted from the Plaza are intolerable. The outdoor seating areas turned it into an extension of West Street. - The location of the proposed outdoor seating area blocks a primary route to West One’s main stairwell. - The unit should remain in retail use, providing for the needs of local residents. - There are sufficient cafes and restaurants in the area. - Residents already have to endure loud music and anti-social behaviour until the early hours. - The proposed extraction equipment will generate noise and serious pollution problems.

APPLICANT SUBMISSION

150 Noise Report

The applicant submitted a noise report which predicts the noise transfer from the restaurant and kitchen to the residential accommodation above. No testing took place and assumptions were made regarding the construction of the floor based on the consultant’s experience of similar developments. Noise levels for the restaurant were based upon 75% occupancy and low levels of background music.

Based upon these assumptions the report states that noise transfer from the restaurant and kitchen is not expected to result in unacceptable levels of noise in the residential accommodation above. It does suggest, however, that the floor construction is least efficient at reducing low frequencies and so music with high levels of bass may be audible to neighbouring residents.

The construction of the restaurant’s curved double-glazed façade (understood to be not less than 6mm glass, 12mm airspace, 6mm glass) is expected to prevent noise break-out. However, to avoid noise spilling out onto the street when the entrance doors are open, the report recommends the introduction of a lobby (which is included in the proposed scheme).

Ventilation/Fume Extraction

The applicant proposes to install a Purified Air UV-C Technology Odour Control System which uses ultra violet light to eliminate cooking odours and alter the make-up of grease to a more easily managed compound. The system will extract to the southern face of a nine storey recess within the Fitzwilliam Street elevation of West One. There are no window openings on the elevation of the recess onto which the system will extract, but there are windows on the other two facades of the recess.

The Council’s Environmental Protection Service is satisfied that this system is suitable, provided it is maintained correctly. They recommend that the system include a self-diagnostic module which monitors the unit to ensure that there are no installation or component failures.

RECOMMENDATION

The previous Board report is attached for information. If Members are minded to grant consent for the change of use of the former Budgens store to a restaurant (Class A3), the following conditions are recommended:

C999 3 Years R001

The proposed purified air UV-C odour control system shall not be used unless it includes a self-diagnostic module to monitor the unit. Full details of the odour control system, including the self-diagnostic module, shall be submitted to and approved in writing by the Local Planning Authority prior to installation.

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The building shall only be used for the above-mentioned purposes between 1000 and 2300 hours on any day, except for 12 months from the date the use of the unit as a restaurant is implemented when it shall only be used between 1000 hours and midnight on any day.

C870 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. R007

C881 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours Monday to Saturday and between 2300 hours and 0900 hours on Sundays and Public Holidays. R007

C 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 noise breakout from the Class A3 use to the flats above achieves the following levels: Bedrooms: Noise Rating Curve NR25 (2300 TO 0700 hours), Living Rooms: Noise Rating Curve NR35 (0700 to 2300 hours),

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

In the event that the specified noise levels have not been achieved, a 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. R007

C880 No amplified sound shall be played within the building except through an in-house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority. R007

152 C867 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. R007

PREVIOUS BOARD REPORT

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.

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.

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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.

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

154 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.

- There 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.

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- 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 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

156 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 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.

157 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, anti- social 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.

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

158 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:

The local planning authority consider that the use of the site as a restaurant (Use Class A3) 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.

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Case Number 08/05890/FUL

Application Type A Full Planning Application

Proposal Erection of 3 dwellinghouses with attached garages (amended plans dated 8/12/09)

Location Land Between Junction With Norton Church Glebe And 31 Matthews Lane Norton Church Road Sheffield

Date Received 15/12/2008

Team SOUTH

Applicant/Agent DLP Planning Ltd

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development would have a detrimental impact on the character and appearance of the Conservation Area and the setting of nearby Listed Buildings as a result of the loss of an area of Open Space which is an established and distinct feature of the Conservation Area. In these respects the proposal is contrary to Policies BE15, BE16, BE19 and LR5 of the Unitary Development Plan and Policy CS47 of the Sheffield Development Core Strategy.

2 The proposal represents development of a greenfield site and is contrary to the provisions of Planning Policy Statement 3 which establishes that preference should be given to development of brownfield sites in cases where there is adequate provision of such sites. It would also be contrary to Policy CS24 of the Sheffield Development Framework Core Strategy.

3 The proposal will result in the loss of open space serving the Norton Church Glebe residential development and therefore would be detrimental to the amenities of surrounding residents. In these respects the proposal is contrary to Policies LR5 and H16 of the Unitary Development Plan and Policy CS47 of the Sheffield development Framework Core Strategy.

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Site Location

161 LOCATION AND PROPOSAL

The site comprises an area of open space bounded to the north by Norton Church Road, to the south by the Norton Church Glebe housing development to the east by housing (Matthews Fold) and to the west by the access road to Norton Church Glebe Development.

Boundary treatment to the north and east comprises a mixture of mature hedgerow and trees. A mature oak stands alone just inside the north-west corner of the site. The landscaping provides a reasonably consistent visual screen between the site and Matthews Lane.

The Norton Church Glebe Development incorporates 8 modern detached dwellings built in natural materials (stone, painted softwood windows, slate) arranged around the end of a cuI-de-sac. The dwellings have been erected in the last decade.

The site is located within a Housing Area and within the confines of the Norton Conservation Area.

Permission is being sought for the erection of three dwellings

The development would take the form of a converted farmhouse/outbuilding complex.

The main axis of the development would run north south with an L shaped building containing units 2 & 3 occupying the southernmost of the two main structures. This building would be modelled along the lines of a traditional farmhouse and attached barn/stable.

Unit 1 would be located within the other main building with a U shaped footprint, this one being modelled on a threshing barn.

Both buildings would be two storeys in height with traditional pitched roofs and fenestration patterns commensurate with those that might well occur at a farmhouse with barn/stable conversions.

The buildings would be faced in natural stone and feature natural slate roofs. Windows and doors would be in timber with natural stone heads and cills.

The two main buildings would wrap around a central courtyard paved in a combination of cobbled setts and York stone paving.

Located to the west and south of the courtyard area would be two further detached double garages constructed in the same materials as the main complex. Garage doors would all be of timber construction.

Each dwelling would benefit from a rear garden.

162 The area identified for building footprint and hard landscaping would be delineated from the balance of the site by a boundary wall. Beyond this the existing grassed area would be landscaped with additional tree planting proposed.

RELEVANT PLANNING HISTORY

Permission was granted for the Norton Church Glebe development under planning application no. 96/0542P. It should be noted that the retention and maintenance of the area of open space that forms the proposed development site was made a condition of the approval. The applicant's undertaking was ratified in the form of a Section 106 Agreement into which he entered (on 7th Feb 1997) with the Local Authority. It should also be noted that the retention of the open space was accepted in lieu of an off-site contribution towards the provision/maintenance of nearby open space. Subsequent to the approval of planning permission the development was commenced and completed in breach of a number of conditions and the legal agreement, to which the development has been subjected. The breaches centred on the failure of the developer to provide satisfactory supplementary planting to the existing hedgerows bounding the site and his failure to implement additional landscaping Including trees elsewhere within the site. It was also considered that the area of open space was not being maintained in accordance with the provisions set out in the third schedule to the Section 106 Agreement. The breaches were reported to Area Board Members on 22nd November 1999 and enforcement action was authorised. The developer was subsequently served with a Notice under Section 215 of the Town and Country Planning Act 1990, which required him to carry out remedial works to the area of open space as well as implementing a landscaping scheme to the satisfaction of the Local Planning Authority. The remedial works were carried out.

A subsequent planning application was made for the erection of 5 dwellings on the area designated as Open Space under application no. 9B/0528P. This was refused planning permission on 26th November 2001.

An application was made for the erection of 4 dwellings on the area designated as Open Space under application no. 03/03004/FUL. This was refused planning permission on 16th December 2003.

A further application was made for the erection of 3 dwellings on the area designated as Open Space under application no. 06/00149/FUL. This was refused planning permission in exercise of delegated powers on 25th July 2006 for the following reasons:

1. The Local Planning Authority consider that the proposed development would have a detrimental impact on the character and appearance of the Conservation Area and the setting of the nearby Listed Buildings as a result of the loss of an area of open space which is an established and distinct feature of the Conservation Area. In these respects the proposal is contrary to Policies BE15, BE16, BE19 and LR5 of the Unitary Development Plan for Sheffield.

163 2. The Local Planning Authority consider that the proposed development by reason of its poor detailing and use of materials gives rise to an unsatisfactory design, detrimental to the character of the Norton Conservation Area and as such is contrary to the aims of Policies BE15, BE16 and BE17 of the Unitary Development Plan for Sheffield.

3. The proposal represents development of a greenfield site and is contrary to the provisions of Planning Policy Guidance Note 3 which establishes that preference should be given to the development of brownfield sites in cases where there is adequate provision of such sites.

4. The proposal will result in the loss of open space serving the Norton Church Glebe residential development and therefore would be detrimental to the amenities of the surrounding residents. In these respects the proposal is contrary to Policies LR5, LR8 and H16 of the Unitary Development Plan for Sheffield.

Summary of Representations

The application in its initial form (as three detached dwellings) resulted in 23 representations and a further 15 were received in response to the amended scheme 13 of which were from persons who had objected to the original scheme.

One of the objections was received from Cllr Ian Auckland.

One of the objections was submitted on behalf of the Norton History Group

There was one letter of support.

Summary of points raised in these representations:

Cllr Auckland objected on the grounds that:

The area forms a distinctive open space in the Conservation Area The site is a Greenfield site The site provides the setting for Listed Buildings and this would be compromised by development. The scale and massing of the scheme is out of character with the Conservation Area (this comment relates to the scheme as originally submitted)

Objections

Would result in the loss of an important eco-barrier/break between Norton Church Glebe and the Conservation Area.

Would result in the loss of open space which is an important community asset and provides setting for listed buildings.

Would reduce biodiversity

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Development would be out of character with Conservation Area. (objection received prior to submission of revised scheme)

Any type of development on the site would renege on the undertaking given by the Applicant (at the time of the 1996 permission) to retain the open space in perpetuity.

The site is only under used because of the Applicants failure to adequately maintain the site.

Representation in support of the scheme.

The development would be an improvement of the site since it is currently unattractive.

Other matters

One objector suggested that, whilst objecting to the proposal on principle, a mews court type development would be a more appropriate built form.

Planning Assessment

The site is located in an allocated Housing Area and Policy H10 indicates that housing is the preferred use in such an area.

Sustainable Development Considerations Policy PPS3 (Housing). The site for which planning permission is being sought is classed as a Greenfield site, In accordance with the guidance contained in the revised PPS3 there is a presumption that previously developed sites should be developed before Greenfield sites. The recommendations of PPS3 are further amplified by Core Strategy Policy CS24 which states: “Maximising the use of previously developed land for new housing”, places an emphasis on building on brownfield sites, with a target of 88%. As a piece of open space, this site is considered greenfield, and thus development would not contribute towards achievement of this target. The policy only allows for development of greenfield sites in four specific circumstances:

(a) in the Housing Market Renewal Area and other 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 (b) on small sites within the existing urban areas and larger villages, where it can be justified on sustainability grounds (c) in the Owlthorpe township (d) in sustainably located larger sites within or adjoining the urban areas and larger villages, if annual monitoring shows that there is less than a 5-year supply of deliverable sites.”

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The site does not lie in a Housing Market Renewal Area.

The site is approximately 0.5 hectares in size, and therefore, with a capacity for at least 15 units (with a national indicative minimum density of 30 dwellings per hectare) the site cannot be considered a 'small' site under part (b) of the policy.

Part (c) is not applicable.

Part (d) is not applicable, since the most recent published Strategic Housing Land Availability Assessment demonstrates a 5-year supply of deliverable sites.

The site does not comply with any of the above criteria and therefore it is considered that the development would be contrary to policy CS24.

It should be noted that Policy CS26 of the Core Strategy states that :

“Efficient use of housing land and accessibility” requires appropriate housing densities to ensure the efficient use of land whilst also taking into account the character of the area. Densities vary across the city but in this instance the site is in a less accessible part of the urban area, thus the recommended density is 30 to 50 dwellings per hectare. The net density achieved by the proposed development would be 6 dwellings per hectare, and therefore inconsistent with the policy, making inefficient use of the land.”

The proposals low density is therefore in conflict with this policy. Were this report making a positive recommendation then the requirements of CS26 would need to be weighed against the conflicting requirements of other policies concerned with ensuring layout and design in keeping with the contextual setting of the existing built environment in the Conservation Area.

Since this is not the case it is not considered worthwhile weighing these relative merits. In conclusion it is considered that there is no sustainable justification for developing a green field site in this instance.

Design and Detailing Considerations

Policy 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.

Policy BE16 ‘Development in Conservation Areas’

166 In Conservation Areas permission will only be given for proposals that contain sufficient information to enable their impact on the Area to be judged acceptable and which would preserve or enhance the character or appearance of the Conservation Area.

Policy BE17 ‘Design Design and Materials in Areas of Special Architectural or Historic Interest’

In Conservation Areas and Areas of Special Character a high standard of design using traditional materials and a sensitive and flexible approach to layouts of buildings and roads will be expected for new buildings

Policy H14 Conditions on Development in Housing Areas states:

In Housing Areas, new development or change of use will be permitted provided that: a. new buildings and extensions are well designed and would be in scale and character with neighbouring buildings; and c. the site would not be over-developed or deprive residents of light, privacy or security, or cause serious loss of existing garden space which would harm the character of the neighbourhood; and d. it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians

Policy CS74 ‘Design Principles’ states that high quality design will be expected which respects and takes advantage of enhances the features of the neighbourhood.

The amended design is the result of several revisions made by the Applicant in order to produce an overall design that could be considered acceptable in a Conservation Area setting. To a significant degree, and considering the design itself in isolation, it is considered that this has been achieved by an architectural style and materials specification that is reminiscent of a traditional farm complex. The traditional form with a prevailing two storey height and courtyard layout is considered acceptable and the detailing of the fenestration and other openings is commensurate with what might occur in a sensitive conversion of a traditional building. The scale and massing of the proposal relevant to the plot size are considered acceptable and there is no suggestion that the proposal could be considered overdevelopment in terms of the density of units proposed. The hard landscaping is also inspired by traditional surfacing techniques and would provide a suitable frontdrop for the proposed buildings. Hence, purely in terms of the suitability of such a building for a Conservation Area, say for an infill plot or to replace a building of little architectural merit, the proposal could be deemed to be of sufficient quality so as to be worthy of support. However, this conclusion needs to be considered more closely against the specific context of the Norton Conservation Area at this location.

167 Conservation Area and Listed Building Considerations

Planning Policy Guidance Note 15 provides a full statement of Government policies for the protection of historic buildings, Conservation Areas and other elements of the historic environment. The essence of this guidance note is to be found in:

Policy BE15 ‘Areas and Buildings of Special Architectural or Historic Interest’ states:

Buildings and areas of special architectural or historic interest which are an important part of Sheffield's heritage will be preserved or enhanced. Development which would harm the character or appearance of Listed Buildings, Conservation Areas or Areas of Special Character will not be permitted.

Policy BE16 ‘Development in Conservation Areas’

In Conservation Areas permission will only be given for proposals that contain sufficient information to enable their impact on the Area to be judged acceptable and which would preserve or enhance the character or appearance of the Conservation Area.

Policy BE19 ‘Development Affecting Listed Buildings’ states:

Proposals for development within the curtilage of a building or affecting its setting, will be expected to preserve the character and appearance of the building and its setting.

Policy LR5 ‘Development in Open Space Areas’

Development in Open Space Areas will not be permitted where: it would harm open space which forms the setting for a Listed Building or other historic building, or is needed to maintain an important view or vista

The site nestles in the southeast corner of the Norton Conservation Area and is located within 120 metres of a number of Listed Buildings. These include:

Norton Grange to the north Norton Hall Farm to the north west St James Church to the west The Old Rectory to the south

Of these it is considered that the most affected would be Norton Grange and Norton Hall Farm since these would be seen in juxtaposition with the development when viewed from Norton Church Glebe itself and the former would appear together with the proposal when viewed from the west on Norton Church Road.

When the original application (96/0542P) was being assessed emphasis was placed on the retention of the area of Open Space which is the subject of this application. It was considered that the securing of this area would contribute

168 significantly to the retention of the character of the Conservation Area and the setting of nearby Listed Buildings. This remains a very important objective.

In the case of Norton Grange and Norton Hall Farm it is considered that the open space contributes greatly to the spacious settings of the buildings and also to the open character of the Conservation Area. It provides a ‘buffer zone’ between residential development to the east and the core of the Conservation Area which is centred on the aforementioned Listed buildings.

Consequently, it is felt that the loss of a significant portion of the open space would have a detrimental affect on the setting of Listed building and the character of the Conservation Area contrary to policies BE15, BE16, BE19 and LR5.

Open Space Considerations

PPG17 requires local authorities to undertake robust audits of needs to underpin local planning policies for open space. Sheffield City Council completed a citywide PPG17-compliant audit in Jan 2009. These audits support the delivery of policy CS47 (see below).

It is noted that at the time of application, this study was unavailable and as a result an independent open space assessment has been submitted to attempt to demonstrate that the site in question is surplus to requirements.

PPG17 paragraph 10 states that open space should only be developed where it can be demonstrated that it is surplus to local need. This needs to consider the range of functions that the open space is capable of providing. PPG17 annex 3 states that consideration needs to be given to the role of open space in promoting urban quality and as a visual amenity.

In addition, PPG17 paragraph 11 states that open spaces of high quality or particular value should be protected by planning policies and expands on this point by stating that quality and value are separate concepts.

As an example, the companion guide states that greenspaces that form part of an historic environment will almost always be highly valuable, irrespective of their quality. The companion guide states that without considering both the quality and value of open spaces, it is impossible to identify those spaces that should be afforded the highest level of protection through planning policies.

It is considered that although the site is not high quality at present this is not in itself a reason for allowing development, a view supported by PPG17.

Policy H16 Open Space in New Housing Developments

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. The developer will be required to ensure that provision is made for: a. well designed informal open space; and

169 For sites over one hectare, a proportion of the site should be laid out as open space, except where:

e. the developer makes an appropriate contribution, if needed, to the improvement of existing recreation space in the catchment area of the site;

This policy is relevant in that it was applied to the original application for the cul-de- sac development. Policy H16 was satisfied at that time by the retention of the open space area rather than an off site contribution.

The policy context in relation to open space has not changed significantly since the requirement to retain this open space was imposed on the applicant as part of an earlier permission.

Policy CS47

Core Strategy policy CS47 sets out the framework for considering the development of open space. A local assessment of open space provision has been undertaken and overall provision in the local area is above the recommended standards.

However, part (b) of the policy states that development of open space will not be permitted where “it would result in the loss of open space that is of high quality or of heritage, landscape or ecological value”. This element of CS47 is supported by a range of saved policies in the UDP, which given further detail on issues around landscape, ecology and conservation.

In particular, LR5 Development in Open Spaces states that development of open space will not be allowed where it forms the setting for a listed building or other historic buildings (e) or where it would harm the character of an area (i).

An assessment of local provision has shown that there is adequate open space in the local area to meet a variety of recreational needs. However, considering quantity alone is overly simplistic and other issues such as the relative quality and value of the open space need to be considered to comply with PPG17 and the Core Strategy.

The open space in question is within a Conservation Area, which specifically relates to the cluster of buildings around Norton Church Glebe, and has significant intrinsic value through its contribution to local character. Irrespective of the amount of open space in the wider area, it is considered that built development on this particular open space would conflict with CS47 (b) which protects open spaces where they are of particular landscape or heritage value, as well as LR5 (e) and (j).

Additionally, the site was previously required to be set aside and maintained as open space as part of a past planning permission. UDP policy H16, which would have required this provision, is still part of the development plan.

Residential Amenity Considerations

Policy H14 Conditions on Development in Housing Areas states:

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In Housing Areas, new development or change of use will be permitted provided that: 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

Neighbouring Amenity

The properties closest to the development are those within the existing development on Norton Church Glebe and those residents on Matthews Fold. In all cases minimum separation distances are comfortably achieved and as such there are no grounds for refusal based on overlooking, overshadowing or overbearing.

However, the open space upon which the development is proposed was retained, in part, to provide visual amenity to residents of the Norton Church Glebe development and the wider Norton Conservation Area. It is considered that its loss would be detrimental to residential amenities and contrary to policy H14 in the Unitary Development Plan.

Amenity of Future Occupants

All proposed dwellings offer adequate levels of natural light to internal spaces, have excellent outlook, and are afforded an acceptable amount of external amenity space (in excess of 250 square metres)

Highway Considerations

It is considered that the access and parking arrangements submitted for approval are adequate for the purposes of satisfying highway requirements. As regards the increase in traffic flow through the area, which may be generated by the proposed development, it is believed that the current highway arrangements could safely accommodate the additional traffic without having a detrimental impact on the safe and free flow of vehicles and pedestrians in the area.

The proposed access road specification is considered appropriate.

Sustainability and Climate Change

Policy CS63 aims to reduce the City’s impact on climate change, by ensuring buildings are designed to reduce energy consumption and promoting renewable energies.

The applicant’s submission makes reference to sustainable design features. In consideration of the recommendation of this report further details of such measures have not been sought but, should Board be minded to approve the scheme, it would be appropriate to add conditions requiring compliance with this policy.

Ecology

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The application does not identify any trees, shrubs or hedgerows for removal. No indication of how other landscape elements might be protected during development has been submitted for consideration. However, such measures could be secured by condition and it is not considered that the development would jeopardise the existing landscape features. The scheme does propose additional planting to the site and the retention and management of a space between the dwellings and Norton Church Glebe.

RESPONSE TO REPRESENTATIONS

Matters raised in representations have been dealt with in the main body of the report.

SUMMARY AND RECOMMENDATION

This is a proposal to erect three houses in a courtyard development on an area of informal open space in the Norton Conservation Area. The dwellings would take the form of a traditional farm courtyard and be constructed in natural materials with timber opening details

The appearance and detailing of the proposal is considered to be of an acceptable quality for a Conservation Area.

However, in this specific location it is considered that the development would have a detrimental impact on the character and appearance of the Conservation Area and the setting of nearby Listed Buildings. It is therefore believed that the development would prove contrary to the provisions of BE15, BE16, BE19 and LR5 of the Unitary Development Plan.

The scheme would also run contrary to the provisions of Core Policies CS24 and CS47 of the Sheffield Development Framework Core Strategy. It is also believed that development of this Greenfield site would prove contrary to the provisions of PPG3 (Housing). Furthermore the scheme will result in the loss of open space which is a valuable amenity for local residents and is contrary to policy H16 in the Unitary Development Plan. For the reasons outlined it is recommended that the application be refused.

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