Planning Applications Numbered

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE SOUTH DATE 18/08/2008 AND EAST PLANNING AND HIGHWAYS AREA BOARD

REPORT OF DIRECTOR OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

Chris Heeley 0114 2736329 CONTACT POINT FOR ACCESS Lucy Bond TEL NO: 0114 2734556

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN

Application No. Location Page No.

08/03433/LBC Sheffield Citadel Cross Burgess Street 6 Sheffield S1 2HG

08/03431/FUL Sheffield Citadel Cross Burgess Street 8 Sheffield S1 2HG

08/03406/LBC Sheffield Citadel Cross Burgess Street 18 Sheffield S1 2HG

08/03402/FUL Sheffield Citadel Cross Burgess Street 24 Sheffield S1 2HG

08/03343/FUL Curtilage Of 19 Sheffield Road Woodhouse 41 Sheffield S13 7EQ

08/03329/CHU 43 Button Hill Sheffield 49 S11 9HF

08/03126/FUL Site Of 30-32 Edward Street Sheffield 60 S3 7GB

08/03066/FUL High Storrs School High Storrs Road 78 Sheffield S11 7LH

08/03045/FUL Unit 3 The Plaza 89 8 Fitzwilliam Street Sheffield

3 S1 4JB

08/03001/ADV 141 West Street Sheffield 98 S1 4EW

08/02845/FUL Site Of 347 Handsworth Road Handsworth 102 Sheffield S13 9BP

08/02458/LBC 36-40 Bank Street Sheffield 114 S1 2DS

08/02457/FUL 36-40 Bank Street Sheffield 120 S1 2DS

08/02306/FUL 4 Endcliffe Rise Road Sheffield 132 S11 8RU

08/01722/FUL Tesco Stores Ltd Abbeydale Drive 143 Sheffield S7 2QB

08/00488/FUL 18 Fife Street Sheffield 156 S9 1NJ

06/04408/OUT Land To The Rear Of Abbeydale Hall Abbeydale Park 161 Abbeydale Road South Dore Sheffield S17 3LJ

06/03310/FUL Bailey House 5 - 11 Bailey Street 174 Sheffield S1 4EH

4 5 SHEFFIELD CITY COUNCIL

Report Of The Head Of Planning, Transport And Highways, Development, Environment And Leisure To The CITY CENTRE AND EAST Planning And Highways Area Board Date Of Meeting: 18/08/2008

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 08/03433/LBC

Application Type Listed Building Consent Application

Proposal Alterations including internal alterations and extension to building to form retail outlet (resubmission of application 08/02161/LBC) (alterative option to application 08/03406/LBC)

Location Sheffield Citadel Cross Burgess Street Sheffield S1 2HG

Date Received 03/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent Ward McHugh Associates

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the extent of the external alterations to the building proposed by the development would detract from the special architectural and historic interest of the Salvation Army Citadel, a Grade II Listed Building and from the appearance of the building in the City Centre Conservation Area. In this respect the proposal is contrary to Policies BE16 and BE19 of the Unitary Development Plan and the objectives of PPG15.

Site Location

For report see 08/03431/FUL.

Case Number 08/03431/FUL

Application Type A Full Planning Application

Proposal Alterations including internal alterations and extension to building to form retail outlet (Use Class A1) (resubmission of application 08/02160/FUL) (alternative option to application 08/03402/FUL)

Location Sheffield Citadel Cross Burgess Street Sheffield S1 2HG

Date Received 03/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent Ward McHugh Associates

Recommendation Refuse

For the following reason(s):

Site Location

LOCATION AND PROPOSAL

The former Salvation Army Citadel was used as the headquarters and performance space for the Salvation Army for many years from first construction about 1890 until the late 1990’s. It is a Grade II listed building and adjoins the rear of 48-62 Pinstone Street (occupied by retail units with residential apartments above), with its main elevation and entrance to Cross Burgess Street. It side elevation faces on to Burgess Street and is bound to the rear by 31 Burgess Street, currently the Lions Lair Public House.

9 The site falls within the Central Shopping Area as designated in the Sheffield Unitary Development Plan. The site is also within the City Centre conservation area. The proposed ‘New Retail Quarter’ development which now has outline planning consent is indicated at ‘wrapping round’ the Citadel building.

The building is currently vacant and has been since the Salvation Army relocated in 1999. The current applications seek full planning permission and listed building consent for external and internal alterations and extension to the building to form 1 retail unit.

RELEVANT PLANNING HISTORY (in date order)

Planning permission and listed building consent were granted on 21 August 2000 for Food and Drink use (then Class A3) and alterations to form a new entrance to Cross Burgess Street (00/00919/FUL and 00/00918/LBC refers). Condition 4 of these permissions limited the hours of opening to 0800-2400 hours on any day. The listed building consent required details of internal alterations by condition.

Planning permission and listed building consent were granted on 18th June 2001 and 10th July 2001 for external alterations to the building for use as Class A3 public house including a new shop front with conditions relating to the above consents also attached (01/00653/FUL and 01/00638/LBC refers).

Permission was refused on 30 April 2002 for the extension of opening hours until 0200 hours (Variation of Condition 4 of the permission of 21 August 2000) (01/10558/FUL refers). An appeal against this decision was dismissed on 2 January 2003 (02/00077/WR refers).

On 9 July 2004 a lawful use application to establish the use of the building as a Live Music/Concert Hall and Assembly Use for Social and Leisure (Class D2 Assembly and Leisure) was refused (04/01826/LU1 refers).

An application for planning permission and listed building consent for Food and Drink (former Class A3) until 0200 hours with sound attenuation and disabled access was due to be recommended for refusal at Area Board, but was withdrawn on 16 November 2004 (04/02970/FUL and 04/02969/LBC refers).

Planning permission was granted on 31 March 2006 for the renewal of the original Food and Drink permission of 21 August 2000 opening until 2400 hours (05/02806/FUL refers). The accompanying listed building application was undetermined pending submission of a historic building appraisal, this has since been withdrawn on 19th December 2006 (05/02812/LBC).

On 27 April 2006 the applicants appealed against the non-determination of the application for a Drinking Establishment (Class A4) opening until 0200 hours (05/02832/FUL refers). This application and appeal was withdrawn on 27th December 2006 and the accompanying application for listed building consent (05/02840/LBC refers) that had also not been determined was withdrawn on 19th December 2006.

10 Outline planning permission and associated Conservation Area Consent was granted on 6th November 2006 (05/03933/OUT refers) and 22nd August 2006 (05/03595/CAC refers) for the New Retail Quarter – a mixed use development comprising of refurbishment/change of use of existing buildings and erection of buildings for retail use (use classes A1, A2, A3, A4, A5), housing (C3), night club, health and fitness club, multi-storey car parking and ancillary uses including the closure and alterations of public highways, vehicular access, servicing facilities, formation of open space & associated landscaping. The new buildings associated with this scheme will abut up to the Citadel building.

Planning permission and listed building consent was granted conditionally for alterations to and use of Citadel as 2 retail units with provision of associated storage areas (applications 06/04054/FUL and 06/04055/LBC).

Planning permission and listed building consent was refused for alterations to and use of Citadel building to form 1 retail unit, café and storage (applications 06/02858/FUL and 06/02859/LBC).

Planning permission and listed building consent was refused for alterations including internal alterations and extension to building to form retail outlet (Use Class A1) (In accordance with amended plans received 21.05.08) (applications 08/02160/FUL and 08/02161/LBC).

Planning permission and listed building consent is also sought for alterations including internal alterations and extension to building to form a single retail outlet (Use Class A1) (08/03402/FUL and 08/03406/LBC) as an alternative option to this application and is pending consideration with a recommendation to grant conditionally.

SUMMARY OF REPRESENTATIONS

There has been 1 letter of representation received from local residents regarding the proposals, comments summarised below:

Victorian Society: Recognised that some changes have been made to the scheme since 2006, including more sensitive treatment of windows to the front elevation, but conclude that significant improvements have not been made to overcome previous objections and as such, they still remain. Objections previously made can be summarized as: retail use appears to be destructive and Society are unconvinced that this is the best use for the building and consider that some of the alterations proposed are not necessary and the special character and character of the building is not being preserved.

English Heritage: Commented that the proposals have been developed through pre-application discussions and are in line with their recommendations. Noted that

11 this proposal excludes mullions in the lower part of the windows, commented that this would be an acceptable design. Recommended that this application should be determined in accordance with national and local policy guidance and on the basis of specialist conservation advice.

PLANNING ASSESSMENT

The site lies within the Central Shopping Area in the Unitary Development Plan. Policy S3 ‘Development in the Central Shopping Area’ lists preferred uses which comprises of Shops (Use Class A1), Offices used by the public (A2), food and drink outlets (A3) and housing (C3). As such, the use of the building as shops constitutes one of the preferred uses and is acceptable in principle subject to compliance with other relevant UDP policies.

Policy S10(b) requires that change of use should not cause residents of any housing to suffer from unacceptable living conditions, noise or other nuisance or risk to health and safety and be well designed and of a scale and nature appropriate to the site and provide safe access to the highway network and not endanger pedestrians.

The Citadel is a Grade 2 listed building and is located within the City Centre Conservation Area. Policy BE19 requires the internal and external alteration of listed buildings to preserve their character and appearance and where appropriate to preserve or repair original details and features of interest. Changes of use are expected to preserve the character of the building. The original use of a Listed Building will be preferred but other uses will be considered where they would enable the future of the building to be secured especially as it can also create an opportunity for community needs or help economic regeneration.

Policy BE16 requires proposals to preserve or enhance the character or appearance of the Conservation Area. It also states that buildings which make a positive contribution to the character or appearance of a Conservation Area will be retained.

National policy which covers Listed Buildings and Conservation Areas is found in Planning Policy Guidance note 15: Planning and the historic environment (PPG15). This outlines that the prime consideration for authorities in determining an application for consent is to protect any listed building from unnecessary demolition and from unsuitable or insensitive alteration.

Policy BE7’Design of Buildings used by the Public’ expects buildings used by the public to have safe, easy and equal access for people with disabilities.

The site lies at the entrance to the New Retail Quarter, a retail-led mixed use regeneration scheme intended to remedy long-standing structural problems with city centre shopping. The NRQ was first proposed in the City Centre Master Plan (2000) as one of the principal regeneration projects in the City Centre. The Council adopted Supplementary Planning Guidance in July 2002 defining the boundary and protecting it from unsuitable retail development outside it. The Citadel is shown as retained, but Burgess Street is to be closed and a New Burgess Street with shops

12 both sides and flats above on the east side will replace it. On 21 August 2006 the Council resolved to grant outline planning permission for the NRQ subject to any call-in by the Secretary of State. Reserved matters applications are currently being developed and submitted for consideration.

Guideline 4 of the SPG requires amongst other things that the NRQ should have a complementary mix of uses including housing which should be integrated with the development, subject to residential amenity.

Impact on Listed Building

Paragraph 3.4 of PPG15 states that application for listed building consent must justify their proposals and show why works which would affect the character of a listed building are desirable or necessary. Previous permission has been granted for alterations and extension to the building in 2006 when some evidence of marketing of the building was provided to expand on the reasons for requiring the change of use. This claimed that leisure operators (Class A3 for which it already has permission) required a late license which was not suitable in this location and with conversion costs, would not commit to this location. The oncoming New Retail Quarter would increase the footfall along Cross Burgess Street increasing the demand for retail space in this location. The recent application (08/02160/FUL) recently refused also included a letter from Retail Agents which also stated that the buildings location in itself was not sufficient to guarantee that the building will work as a retail destination and that alterations were required. This evidence commented that as much glazing as possible should be created. However, securing a successful future use for the building should not be at the expense of the architectural merit and character of the Listed Building either externally or internally and no further evidence has been submitted to accompany the application.

Internal alterations

The Citadel is arranged over four floors; basement, ground floor, first floor and upper tier. It is proposed that the ground and first floors will form the main retail spaces. The floors will be raised slightly to create a higher attractive space at ground floor with the first floor remaining open. A new second floor is to be inserted at the level of the existing upper tier and with the basement this will act as staff and storage areas.

The first floor was used as the main performance space for the Salvation Army Band and was characterised by a stage at the western end, with tiered seating around the walls surrounding a central auditorium with a proscenium wall running along the front of the stage. This first floor interior was the important feature of the building to the Salvation Army as it was a popular performance space.

13 This is a similar internal layout to that which was proposed in the approved application for 2 units (06/04054/FUL) and as such, the principle and details for conversion of the internal spaces have been accepted in the previous application and therefore, will not be discussed further.

External alterations

The principal elevation which fronts Cross Burgess Street has a grand and elaborate façade and is characterised by five bays with castellated parapets and towers, the central of which is the largest and most elaborate with the windows either side positioned symmetrically forming an important feature of the elevation. The building is constructed of red brick with ashlar stringcourses and door and windows surrounds to the principal elevation.

The corner element of the building has a sloped roof with a minor window and entrance door and which is not considered to have a particular special character and in the Listing description is described as a mid 20th century addition. As in the previously approved application, the sloped roof is to be heightened extending the useable internal space at first floor level. The treatment of the extension has altered from the approved application and comprises of a parapet wall built up to match the height of the main frontage with the parapet wall adjacent to Pinstone Chambers also built up slightly to match the extension. This provides a strong roof line but omits the castellated detailing ensuring the extension is viewed differently to the original building.

The curve of the corner of the building is also continued in the extension which comprises of more brickwork effectively turning the corner and it is also the intention for the adjacent block in the New Retail Quarter to also curve which will relate to the proposed treatment of the Citadel (the previously refused scheme squared off the corner). New windows which replicate the proportions of the existing windows allow additional light into the building as well as providing clear glazed display windows at ground floor. The existing entrance is also to be relocated 2metres to the east forming an additional glazed display unit mirroring the alterations to the existing entrance point to the end bay nearest Pinstone Chambers which is also to have full height glazing forming a further retail display unit. The increased use of brickwork in the extension which is set back from the castellated tower is considered to constitute an appropriate design of extension which reflects the character of the building but which does not detract from the original form of the building.

The entrance to the retail unit is to be created in the central bay at ground floor utilizing the existing window opening in the centre of the elevation and comprises the addition of sliding glazed doors and a canopy in order to mark it as an entrance with the retention of the transom and upper part of the mullion at the upper section of the door. These alterations are considered to be acceptable to the appearance of the Listed Building and their acceptability has been established in the recently approved application for 2 units.

At ground floor, to either side of the entrance door in bays 2 and 4, 2 larger clear glazed window openings are to be created from the existing windows with head

14 and sill detailing but dropped to pavement level. The upper mullion and transom are to be retained but the lower half of the central mullion is to be removed to form retail display windows. This is considered to result in the loss of the architectural integrity of the building as the ground floor appears separate from the first floor removing the existing repetition between floors and the hierarchy. The alterations already allow for 3 large clear glazed display windows as well as the entrance doors which are considered to provide more than adequate display space. In addition, the building will be at the entrance to the New Retail Quarter and will experience a significant increase in footfall meaning 3 clear glazed windows should provide sufficient display area and no further evidence has been supplied to advise that this would not be the case. It is also noted that imaginative displays would also be possible with the retention of the central mullions and would avoid the potential for windows to be blanked out.

The omission of the central mullion at the lower half of the window would result in the conversion to all the ground floor openings to large window displays which would detrimentally affect the main fabric of the building and the architecturally strong features and is at the expense of the character and appearance of the Listed Building and was previously one of the main reasons for the refusal of the previous scheme (08/02160/FUL).

However, in contrast to the previously refused scheme, this proposal does not seek to widen the windows ensuring that the original canted scroll brick detailing can be retained and maintaining the unified appearance of the ground floor with the upper floor windows in terms of the window proportions. This also ensures that the positioning of the lintels in relation to the windows is unaffected and minimises the need for unnecessary replication or reconstruction of the original building which would result from widening of the windows.

The first floor treatment of the original building is to remain unchanged aside from replacement glazing if necessary and this is to be left open rather than blanked off.

The existing Salvation Army citadel lettering is shown to be retained as visible allowing for the history of the building to be read and acknowledged which is preferable and would minimise the proportion of the building which would be altered through a new use. A high quality timber fire exit door to contain a plaque or artwork outlining the heritage of the building is also indicated which is welcomed. Retail signage options have also been indicated as panels, not to be face fixed, either side of the main entrance as well as projecting signs higher up the building. This strategy requires further detailing when an end user is known but which in principle, should not detrimentally affect the Listed Building.

With regard to the Burgess Street elevation, the existing lightwells are shown as blocked up to avoid encroachment onto the highway. The ground floor windows on the side elevation currently blocked up can be opened up providing some interest to this elevation and are conditioned as such (although it is likely that these will be blocked up if the New Retail Quarter plans are carried out as indicated).

The extension will be built over the existing sloping roof and it is proposed that this will be constructed in brick work to match the existing with a string course

15 separating the old and new element and with a coping and dentil course at roof level. This provides a simple elevation to Burgess Street and allows the differentiation between the existing and new build and minimises the roof height so the existing roof structure which is to be retained is also visible in the background.

Impact on Conservation Area

This Listed Building at the gateway to Cross Burgess Street significantly contributes to the appearance of the City Centre Conservation Area. However, it is currently vacant and boarded up with some evidence of disrepair and as such, it is under valued in the City Centre and the Conservation Area. However, the external alterations proposed are considered to be harmful and insensitive to the appearance and character of the Listed Building and as such, would have a damaging impact on the appearance of the building in the Conservation Area.

Highways and Access issues

Although there is no space for car parking on the site, due to its location in the centre of the city, the site is very well served by public transport and is easily accessed by pedestrians and is already a destination for shoppers as it falls on the route between Fargate and The Moor and will form the gateway to the New Retail Quarter.

The approach to the proposed entrance is via existing public footpaths along Cross Burgess Street, which are generally 2metres wide and a level platform entrance is proposed which would require slight re-grading of the footpath in front of the entrance (details to be supplied and tied by condition). The ground floor level in the building has been lowered in order to allow level access into the unit and to relate better to the existing pavement levels. The automatic glazed sliding entrance door ensures it would not open out over the highway and avoids previously proposed heavy swinging doors. Manifestation will be introduced into the full height glazed windows and doors.

Internally, a lift serves the second floor storage/staff area although access to the basement also would be welcomed. The tenants fit-out yet to be confirmed would also provide the required disabled toilets and other facilities.

A waste bin storage area is shown along the eastern elevation adjacent to Pinstone Chambers and a cycle storage area is also indicated along this elevation, details of which are to be provided and tied by condition.

Servicing of the building is envisaged off the service lay-by on Pinstone Street which is acceptable.

Noise issues

The hours of use and character of use associated with retail outlets is such that there is not envisaged to be any particular noise or disturbance issues resulting from the development to surrounding residents. Retail units already surround the

16 site but residential occupiers can be protected through restrictions to delivery times.

SUMMARY AND RECOMMENDATION

The proposal seeks to carry out alterations and an extension to the building for it to be used as 1 retail unit (Use Class A1). The internal alterations described are similar to those proposed and accepted in the previously approved application to form 2 retail units which was previously approved and are considered to retain the overall character of the internal space and the features of the interior of the Listed Building.

Externally, the re-designed extension (from that previously approved) relates well to the main façade mimicking the window proportions but increasing the brickwork and height to form a strong frontage and maintaining the original curved corner. However, as shown, the lower ground floor comprises of wholly large clear glazed display windows through the creation of new windows and the alteration of the original windows. Whilst the dropping of the sills of the original windows is considered to not be too damaging as it would not detrimentally affect the verticality of the building, the loss of the central mullions to the original windows either side of the main entrance is considered too significant and would result in the loss of the character of the building compromising the architecturally strong main façade.

It is considered that there is some acceptance to allow alterations to secure a future use and this is shown through the creation of 3 large display windows at ground floor and the flexibility shown in allowing an extension to the building and the potential to drop the sills in the original building. No additional information has been submitted to demonstrate that the two mullions need to be removed in order to attract a quality retailer and any future use needs to strike the right balance between suiting the needs of the retailer and retaining the special character of the Listed building. As such, it is concluded that the extent of the alterations proposed in the scheme would damage the integrity of the Listed Building and detrimentally affect its character and appearance.

This will also have a harmful impact on the appearance of the building in the City Centre Conservation Area and as such, the proposals are considered to be contrary to the objectives of national guidance in PPG15 and UDP policies BE19 and BE16 and it is therefore, recommended that planning permission and listed building consent be refused.

Case Number 08/03406/LBC

Application Type Listed Building Consent Application

Proposal Alterations including internal alterations and extension to building to form retail outlet (resubmission of application 08/02161/LBC) (alternative option to application 08/03433/LBC)

Location Sheffield Citadel Cross Burgess Street Sheffield S1 2HG

Date Received 03/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent Ward McHugh Associates

Recommendation Grant Conditionally

Subject to:

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

In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 The materials to be used externally shall match those of the existing building in colour, shape, size and texture.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

4 Before the development is commenced the following samples shall have been submitted to and approved in writing by the Local Planning Authority:

i) proposed facing materials ii) proposed roofing materials iii)proposed windows and doors

Thereafter, the development shall be carried out using the approved materials

In order to ensure an appropriate quality of development.

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

Windows Window reveals Doors Eaves and verges External wall construction Brickwork detailing Entrance canopies

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

7 Heads and cills shall match in size, style, construction and materials those of the existing building.

In order to ensure an appropriate quality of development.

8 Prior to commencement of works, details of the extent and specification of brick/stone repair and cleaning shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved details.

In order to ensure that the fabric of the building is not damaged.

9 There shall be no replacement, alteration or repair of any part of the original roof structure without the prior approval, in writing, of the Local Planning Authority of details of timbers to be removed, altered and repaired and details and specifications of all new replacement timber members.

19 In order to ensure that inappropriate alterations are avoided.

10 Before the commencement of development, details and specifications of the following items shall have been submitted to and approved in writing by the Local Planning Authority:

Roof materials Ridge Valleys Eaves Verges

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

In order to ensure an appropriate quality of development.

11 Rooflights shall be conservation style whereby no part of the rooflight shall project above the surface of the roofing slates unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

12 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

13 Chimney stacks and pots shall be retained and, where repaired, should be reinstated to their original appearance using materials to match existing unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

14 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the original fabric of the building and the character and appearance of the Conservation Area.

15 Before the commencement of development, the details, specifications and finish of the new windows, including elevations and sections, shall be approved in writing by the Local Planning Authority. Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. [Details shall include: reveal depths, double glazing, secondary glazing, shutters, mouldings, architraves, location of trickle vents]. Thereafter the development shall be carried out in accordance with the approved details.

20 In order to ensure an appropriate quality of development.

16 The first and ground floor windows on the Cross Burgess Street elevation shall remain clear glazed and shall not be blanked out with display material.

To allow natural daylight internally and retain the appearance of the Listed Building.

17 The ground floor windows on the Burgess Street elevation shall not be blocked up unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

18 Before the development commences, details, specifications and finishes of all new external doors, including frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:20 scale shall have been approved in writing by the Local planning Authority. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

19 Before the development commences, details of the new internal floor structure and its abutment with the existing building structure shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

20 Before the development commences, a schedule of all fixtures and fittings, with a photographic record, and details of their retention, repair, removal or relocation shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved schedule.

In order to protect the character of the original building.

21 Before the development commences, details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

22 Before the development commences, details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled

21 access and the provision of natural and artificial lighting shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

23 Before the development commences, details of proposals for the repair, alteration or concealment of existing signs shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

24 This development shall be carried out in complete accordance with the approved plans Nos. 120, 121, 122, 123, 124 and 125 dated 03/07/2008 unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

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

PPG15 S3 - Development in Central Shopping Core BE19 - Development affecting Listed Buildings BE16 - Development in Conservation Areas S10 - Conditions on Development in Shopping Areas BE7 - Design of Buildings Used by the Public

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.

22 Site Location

For report see 08/03402/FUL.

Case Number 08/03402/FUL

Application Type A Full Planning Application

Location Sheffield Citadel Cross Burgess Street Sheffield S1 2HG

Date Received 03/07/2008

Team CITY CENTRE AND EAST

Applicant/Agent Ward McHugh Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 All basement openings in the existing highway shall be removed.

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

3 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

4 At all times that construction/alteration works 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

24 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.

5 The footways abutting the site, if altered or re-graded, shall be reconstructed with materials compatible with the Urban Design Compendium and shall be approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development. In the interests of pedestrian safety.

6 Servicing/deliveries to the site shall be restricted to the service lay-by on Pinstone Street.

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

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

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

8 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.

9 The bin stores shown on the drawings hereby approved shall be provided and thereafter retained.

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

10 The development shall not be used unless a level threshold has been provided from the highway to the entrance on Cross Burgess Street 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.

25 11 The use of the building shall be in accordance with Class A1 retail of the Town and Country Planning (Uses classes) Order, 1987.

In the interests of the amenities of the locality.

12 The materials to be used externally shall match those of the existing building in colour, shape, size and texture.

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

14 Before the development is commenced the following samples shall have been submitted to and approved in writing by the Local Planning Authority:

i) proposed facing materials ii) proposed roofing materials iii)proposed windows and doors

Thereafter, the development shall be carried out using the approved materials.

In order to ensure an appropriate quality of development.

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

Windows Window reveals Doors Eaves and verges External wall construction Brickwork detailing to include canted scroll detailing and extension of mullions Entrance canopies

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

In order to ensure an appropriate quality of development.

26 16 A sample panel of the proposed masonry shall be erected on the site and shall illustrate the colour, texture, bedding and bonding of masonry and mortar finish to be used. The sample panel shall be approved in writing by the Local Planning Authority prior to the commencement of the building works and shall be retained for verification purposes until the completion of such works.

In order to ensure an appropriate quality of development.

17 Heads and cills shall match in size, style, construction and materials those of the existing building.

In order to ensure an appropriate quality of development.

18 Prior to commencement of works, details of the extent and specification of brick/stone repair and cleaning shall have been submitted to and approved in writing by the Local Planning Authority and shall thereafter be carried out in accordance with the approved details

In order to ensure that the fabric of the building is not damaged.

19 There shall be no replacement, alteration or repair of any part of the original roof structure without the prior approval, in writing, of the Local Planning Authority of details of timbers to be removed, altered and repaired and details and specifications of all new replacement timber members.

In order to ensure that inappropriate alterations are avoided.

20 Before the commencement of development, details and specifications of the following items shall have been submitted to and approved in writing by the Local Planning Authority:

Roof materials Ridge Valleys Eaves Verges

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

In order to ensure an appropriate quality of development.

21 Rooflights shall be conservation style whereby no part of the rooflight shall project above the surface of the roofing slates unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

27 22 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

23 Chimney stacks and pots shall be retained and, where repaired, should be reinstated to their original appearance using materials to match existing unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

24 Existing windows shall be retained and repaired unless otherwise agreed in writing by the Local Planning Authority.

In order to protect the original fabric of the building and the character and appearance of the Conservation Area.

25 Before the commencement of development, the details, specifications and finish of the new windows, including elevations and sections, shall be approved in writing by the Local Planning Authority. Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. [Details shall include: reveal depths, double glazing, secondary glazing, shutters, mouldings, architraves, location of trickle vents]. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

26 The first and ground floor windows on the Cross Burgess Street elevation shall remain clear glazed and shall not be blanked out with display material.

To allow natural daylight internally and retain the appearance of the Listed Building.

27 The ground floor windows on the Burgess Street elevation shall not be blocked up unless otherwise agreed in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

28 Before the development commences, details, specifications and finishes of all new external doors, including frame section sizes, reveal depths and any mouldings and architraves at a minimum of 1:20 scale shall have been approved in writing by the Local planning Authority. Thereafter, the new doors shall be installed in accordance with the approved details.

In order to ensure an appropriate quality of development.

28 29 Before the development commences, details of the new internal floor structure and its abutment with the existing building structure shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

30 Before the development commences, a schedule of all fixtures and fittings, with a photographic record, and details of their retention, repair, removal or relocation shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved schedule.

In order to protect the character of the original building.

31 Before the development commences, details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

32 Before the development commences, details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the provision of natural and artificial lighting shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

33 Before the development commences, details of proposals for the repair, alteration or concealment of existing signs shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

34 This development shall be carried out in complete accordance with the approved plans drawing nos. 120, 121, 122, 123, 124 and 125 dated 03/07/2008 unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

35 Before any work on site is commenced, a report shall have been submitted to and approved in writing by the Local Planning Authority identifying how the predicted energy needs of the development will be reduced by at least 10% through the use of on-site renewable energy equipment. Before any

29 part of the development is occupied, the renewable energy equipment shall have been installed and thereafter retained and used, 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.

36 Before work on site is commenced, full details of the access and facilities for people with disabilities, as shown on the plans, shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such access and facilities have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

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

37 Prior to the occupation of the building, a signage strategy shall be submitted to the Local Planning Authority to include the location, type and enlarged details of signage and the proposed method of fixing to the building. The signage strategy shall be implemented in accordance with the approved details and thereafter retained.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

PPG 15 S3 - Development in the Central Shopping Core BE19 - Development affecting Listed Buildings BE16 - Development in Conservation Areas S10 - Conditions on Development in Shopping Areas BE7 - Design of Buildings Used by the Public

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

Attention is drawn to the following directives:

30 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.

31 Site Location

LOCATION AND PROPOSAL

The site falls within the Central Shopping Area as designated in the Sheffield Unitary Development Plan. The site is also within the City Centre conservation area. The proposed ‘New Retail Quarter’ development which now has outline planning consent is indicated at ‘wrapping round’ the Citadel building.

RELEVANT PLANNING HISTORY (in date order)

Outline planning permission and associated Conservation Area Consent was granted on 6th November 2006 (05/03933/OUT refers) and 22nd August 2006 (05/03595/CAC refers) for the New Retail Quarter – a mixed use development comprising of refurbishment/change of use of existing buildings and erection of

33 buildings for retail use (use classes A1, A2, A3, A4, A5), housing (C3), night club, health and fitness club, multi-storey car parking and ancillary uses including the closure and alterations of public highways, vehicular access, servicing facilities, formation of open space & associated landscaping. The new buildings associated with this scheme will abut up to the Citadel building.

Planning permission and listed building consent was refused for alterations to and use of Citadel building to form 1 retail unit, café and storage (applications 06/02858/FUL and 06/02859/LBC).

Planning permission and listed building consent is also sought for alterations including internal alterations and extension to building to form a single retail outlet (Use Class A1) (08/03431/FUL and 08/03433/LBC) as an alternative option to this application and is pending consideration with a recommendation for refusal.

SUMMARY OF REPRESENTATIONS

There have been 2 letters of representation received from local residents regarding the proposals, comments summarised below:

- concerned that the residential dwellings adjoining the Citadel will be affected by noise from late and early deliveries, ventilation equipment, music, staff congregating which will cause disturbance to the living areas and bedrooms of the adjacent accommodation - consideration must be made as to the timing of deliveries, storage of waste materials and location of smoking zones etc to minimise the impact of the above concerns

Victorian Society: Recognised that some changes have been made to the scheme since 2006, including more sensitive treatment of windows to the front elevation, but conclude that significant improvements have not been made to overcome previous objections and as such, they still remain. Objections previously made can be summarised as: retail use appears to be destructive and Society are unconvinced that this is the best use for the building and consider that some of the alterations proposed are not necessary and the special character and character of the building is not being preserved.

English Heritage: Commented that the proposals have been developed through pre-application discussions and are in line with their recommendations. Noted that this proposal include mullions in the lower part of the windows, commented that this would be an acceptable design. Recommended that this application should be

34 determined in accordance with national and local policy guidance and on the basis of specialist conservation advice.

PLANNING ASSESSMENT

The site lies within the Central Shopping Area in the Unitary Development Plan. Policy S3 ‘Development in the Central Shopping Area’ lists preferred uses which comprises of Shops (Use Class A1), Offices used by the public (A2), food and drink outlets (A3) and housing (C3). As such, the use of the building as shops and retail constitutes one of the preferred uses and is acceptable in principle subject to compliance with other relevant UDP policies.

Policy BE7’Design of Buildings used by the Public’ expects buildings used by the public to have safe, easy and equal access for people with disabilities.

35 call-in by the Secretary of State. Reserved matters applications are currently being developed and submitted for consideration.

Impact on Listed Building

Paragraph 3.4 of PPG15 states that application for listed building consent must justify their proposals and show why works which would affect the character of a listed building are desirable or necessary. Previous permission has been granted for alterations and extension to the building in 2006 when some evidence of marketing of the building was provided to expand on the reasons for requiring the change of use. This claimed that leisure operators (Class A3 for which it already has permission) required a late license which was not suitable in this location and with conversion costs, would not commit to this location. The oncoming New Retail Quarter would increase the footfall along Cross Burgess Street increasing the demand for retail space in this location. The recent application (08/02160/FUL) recently refused also included a letter from Retail Agents which also stated that the buildings location in itself was not sufficient to guarantee that the building will work as a retail destination and that alterations were required. However, securing a successful future use for the building should not be at the expense of the architectural merit and character of the Listed Building either externally or internally. No further evidence has been submitted to accompany the application.

Internal alterations

In Listed Building terms, the main character of the building is considered to be the open character of the space so it is important that this is retained. It is proposed for the first floor to be open and for the proscenium wall also to be retained. The retention of the open space also allows the original roof and laylight feature in the roof to also be visible which adds much to the character of the Listed Building. This is a similar internal layout to that which was proposed in the approved application for 2 units (06/04054/FUL) albeit this proposal is more open as there is no subdivision of the space and as such, the principle and details for conversion of

36 the internal spaces have been accepted in the previous application and therefore, will not be discussed further.

External Alterations

The curve of the corner of the building is also continued in the extension which comprises of more brickwork effectively turning the corner and it is also the intention for the adjacent block in the New Retail Quarter to also curve which will relate to the proposed treatment of the Citadel (the previously refused scheme squared off the corner). New windows which replicate the proportions of the existing windows allow additional light into the building as well as provide clear glazed display windows at ground floor. The existing entrance is also to be relocated 2metres to the east forming an additional glazed display unit mirroring the alterations to the existing entrance point to the end bay nearest Pinstone Chambers which is also to have full height glazing forming a further retail display unit. The increased use of brickwork in the extension which is set back from the castellated tower is considered to constitute an appropriate design of extension which reflects the character of the building but which does not detract from the original form of the building.

The entrance to the retail unit is to be created in the central bay at ground floor utilising the existing window opening in the centre of the elevation and comprises the addition of sliding glazed doors and a canopy in order to mark it as an entrance with the retention of the transom and upper part of the mullion at the upper section of the door. These alterations are considered to be acceptable to the appearance of the Listed Building and their acceptability has been established in the recently approved application for 2 units.

At ground floor, the windows to either side of the entrance door in bays 2 and 4 are to have dropped sills to pavement level but with the retention of the head and sill detailing which is not considered to detract from the verticality of the building. The central mullion at the upper and lower half of the window and the transom are to be

37 retained in these windows which enhances the verticality and window hierarchy of the building and successfully unifies the ground floor with the upper floor of the building whilst also allowing for visibility into the building for pedestrians and the potential for an element of retail display windows to be created. The retention of the central mullions overcomes one of the primary concerns highlighted in the recently refused application (08/02160/FUL) and retains the architectural integrity of the building.

In addition and also in contrast to the previously refused scheme, this proposal does not seek to widen the windows ensuring that the original canted scroll brick detailing can be retained and further maintaining the unified appearance of the ground floor with the upper floor windows. This also ensures that the positioning of the lintels in relation to the windows is unaffected and minimises the need for unnecessary replication or reconstruction of the original building.

The first floor treatment of the original building is to remain unchanged aside from replacement glazing if necessary and this is to be left open rather than blanked off.

The extension will be built over the existing sloping roof and it is proposed that this will be constructed in brick work to match the existing with a string course separating the old and new element and with a coping and dentil course at roof level. This provides a simple elevation to Burgess Street and allows the differentiation between the existing and new build and minimises the roof height so the existing roof structure which is to be retained is also visible in the background.

Impact on Conservation Area

This Listed Building at the gateway to Cross Burgess Street significantly contributes to the appearance of the City Centre Conservation Area. However, it is currently vacant and boarded up with some evidence of disrepair and as such, it is under valued in the City Centre and the Conservation Area. If a viable future use can be achieved for the building which also enables the retention of the important architectural features and character of the Listed Building as described above, then

38 this will enhance the character and appearance of the building in the City Centre Conservation Area and in the overall City Centre.

Highways and Access issues

Servicing of the building is envisaged off the service lay-by on Pinstone Street which is acceptable.

Noise issues

SUMMARY AND RECOMMENDATION

The proposal seeks to carry out alterations and an extension to the building for it to be used as 1retail unit (Class A1). The internal alterations described are similar to those proposed and accepted in the previously approved application to form 2 retail units and are considered to retain the overall character of the internal space and the features of the interior of the Listed Building.

Externally, the re-designed extension (from that previously approved) relates well to the main façade mimicking the window proportions but increasing the brickwork

39 and height to form a strong frontage and maintaining the original curved corner. The lower ground floor includes three large display windows to identify the building as a retail unit but retains the historic signage allowing the history of the building to be read. In addition, although the ground floor windows either side of the main entrance have dropped sills responding to the needs of a retail use, the detailing, proportions and central mullions in these windows have also been retained ensuring that the main important architectural features have not been lost at the expense of finding a new use for the building. As such, it is considered that the balance and symmetry of the Cross Burgess Street elevation has been retained maintaining the integrity of the Listed Building but allowing some flexibility to the building to secure its future.

Successful conversion of the building will restore this vacant Listed Building, improve its appearance in the City Centre Conservation Area and will form a prominent gateway to future development in the City Centre. As such, it is considered to comply with the objectives of national guidance in PPG15 and UDP policies S3, BE19, BE16, BE7 and S10 and it is therefore, recommended that planning permission and listed building consent be granted conditionally.

Case Number 08/03343/FUL

Application Type A Full Planning Application

Proposal Erection of 5 detached dwellinghouses, including alterations to the public highway to provide a new private drive and associated landscaping (resubmission of 08/01897/FUL) (Amended as per plans received 05/08/2008)

Location Curtilage Of 19 Sheffield Road Woodhouse Sheffield S13 7EQ

Date Received 20/06/2008

Team CITY CENTRE AND EAST

Applicant/Agent Journeyman Design Ltd

Recommendation Grant Conditionally Legal Agreement

Subject to:

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

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

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

In order to ensure an appropriate quality of development.

3 Unless otherwise indicated on the approved plans no tree, shrub or hedge shall be removed or pruned without the prior written approval of the Local Planning Authority.

In the interests of the amenities of the locality.

41 4 The approved landscape works shall be implemented prior to the use of the development commencing or within an alternative timescale to be first agreed with the local planning authority. Thereafter the landscaped areas shall be retained and 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 Details of all new enclosures within the application site shall be submitted to and approved by the Local Planning Authority and the development shall not be used unless such means of enclosure have been provided in accordance with the approved details.

In the interests of the amenities of the locality.

6 The development shall not be used unless the sight line, as indicated on the plans to be submitted and approved in writing by the Local Planning Authority, has been provided. When such sight line has been provided, thereafter the sight line shall be retained and no obstruction to the sight line shall be allowed within the sight line above a height of 1 metre.

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

7 Where a private drive connects to a classified road. The driveway should have the following characteristics:

i. Be no more than 25 metres long without a turning facility for a fire appliance.

ii. Driveway width of 5.0 metres (minimum) at the junction with classified roads at the discretion of the Highway Authority.

iii. Minimum carriageway width of 3.1 metres.

iv. A margin of at least 0.5 metres must be provided between the edge of the drive and any boundary wall.

In the interests of the safety of road users.

8 Before the development is commenced, details of the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The building shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

9 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.

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.

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 BE5 - Building Design and Siting BE15 - Areas and Buildings of Special Architectural and Historic Interest BE17 - Design & Materials in Areas of Special Character or Historic Interest BE18 - Development in Areas of Special Character

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

Attention is drawn to the following directives:

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

You should apply for a consent to: -

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

43 Sheffield S1 2SH

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

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

3. The 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.

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

44 Site Location

LOCATION AND PROPOSAL

The application site is situated on the eastern side of Sheffield Road, close to the centre of Woodhouse. The site currently forms the rear garden of number 19 Sheffield Road, a small stone built two storey detached dwellinghouse fronting the highway, and extends to the rear of numbers 21 to 27 Sheffield Road, a terrace of small brick built properties with heavy stone detailing. Along with a number of stone fronted properties on the western side of Sheffield Road, these dwellings form an attractive group of period properties. Access to the site is gained between numbers 19 and 21 Sheffield Road, both of which are owned by the applicant.

The site is level and largely laid to lawn. It is bound, to the north and east, by a stone wall, mature trees and shrubs which form a dense barrier to the open space and council owned 1960s maisonettes beyond.

To the south the site is bound by the long rear garden of the rendered dormer bungalow at number 31 Sheffield Road. The common boundary currently comprises of a dense row of approximately 4 metre high conifers.

Planning permission is sought for the erection of five two storey detached dwellinghouses. Each house has four bedrooms and an integral or single storey attached garage.

RELEVANT PLANNING HISTORY

A previous application for the erection of five dwellinghouses was withdrawn as the required visibility splay was not within the site boundary (application 08/01897/FUL refers).

SUMMARY OF REPRESENTATIONS

7 letters of objection were received in connection with the proposed development. The concerns raised include:

- The development would take away too much green space (garden) - The development will be too close to the windows of the flats to the east of the application site. - The development will result in the loss of many mature trees. - Visibility for vehicles leaving the site via the proposed access road is poor and the traffic on Sheffield Road is fast moving. - The proposed access road will cause problems for vehicles exiting the driveway on the opposite side of Sheffield Road and restrict on-street parking in the vicinity.

PLANNING ASSESSMENT

Unitary Development Plan Policies

The application site lies within a designated Housing Area as defined in the Unitary Development Plan (UDP) in which Housing is the preferred use of land (Policy H10).

Policy H14 (Conditions on Development in Housing Areas) states that new development will be permitted in Housing Areas provided that new buildings are well designed and in scale and character with neighbouring buildings; the site would not be over-developed or deprive residents of light, privacy or security; and it would provide safe access to the highway network and appropriate off-street parking and not endanger pedestrians.

Similarly Policy H15 (Design of New Housing Developments) expects the design of new housing developments to provide easy access to homes and circulation around the site for people with disabilities or with prams; and to provide adequate private gardens or communal open space to ensure that basic standards of daylight, privacy, security and outlook are met.

Policy BE5 (Building Design and Siting) seeks to achieve good design and the use of good quality materials. It states that new development should complement the scale, form and architectural style of surrounding buildings, and take full advantage of the site’s natural features.

The dwellings at numbers 19-27 Sheffield Road are also included within the boundary of the Woodhouse Village Area of Special Character, although the rear gardens of these properties are not. Policies BE15, BE17 and BE18 seek to ensure that the design of new development within the Area of Special Character is in keeping with the area’s particular village character.

National Policy Guidance and Sustainability

Central Government advice in Planning Policy Statement 3 (PPS 3) ‘Housing’ states that the Government is committed to promoting more sustainable patterns of development by concentrating most additional housing development within urban areas and on previously developed land. The application site is defined as previously developed land on the basis that it is within the existing boundaries of the properties at numbers 19 and 21 Sheffield Road.

PPS3 also states that 30 dwellings per hectare should be employed as a national indicative minimum to guide decision making, in the absence of localised density policies (and unless site characteristics dictate a lower density). The proposed development comprises of 31.25 dwellings per hectare and so complies with this density requirement. Moreover, the site is well served by public transport and is within easy walking distance of facilities in the Woodhouse District Shopping Centre less than 150 metres away.

Design and Residential Amenity Issues

The proposed development comprises of five detached two storey dwellinghouses, each with four bedrooms (the master bedroom is accommodated in the roof space), arranged in a linear format along the south western site boundary. Given the small size of the site this is the most logical arrangement for maintaining privacy distances. The proposed dwellings are traditional in form and incorporate simple yet robust design details. It is envisaged that a good quality red stock brick with artificial stone cills and lintels and timber double glazed windows will be used to reflect the finish of the neighbouring brick terrace (reserved by condition) and the character of properties in the Woodhouse Village Area of Special Character which adjoins the site, though views of the development from the public highway will be limited as they will be screened by existing properties.

Initial proposals incorporated a 2.4 metre high fence along the site’s north, east and southern boundaries. The scheme has since been amended to retain the existing boundary treatment, a mixture of stone wall, trees and shrubs. Any gaps will be made good with additional planting as required. The dense, green nature of the existing boundary is considered to be an important and attractive feature of the area and softens the impact of the development on the adjoining open space.

Two of the five dwellings have single storey garages attached to the side of the house (the other three have integral garages). Those with attached garages have been sited adjacent the north eastern and south western boundaries in order to minimise the impact of the development on existing neighbours. Consequently, a minimum distance of 14 metres is achieved between the two storey mass of the development and the rear facing windows of the maisonettes to the northeast. This complies with Guideline 5 of the Council’s supplementary planning guidance (SPG) ‘Designing House Extensions’ which states that unreasonable overshadowing and overdominance of neighbouring dwellings should be avoided by maintaining a minimum distance of 12 metres between two storey development and the main ground floor windows of a neighbour.

Similarly, the privacy of the occupants of the existing dwellings fronting Sheffield Road is maintained as a distance of 21 metres is achieved between facing elevations. This complies with Guideline 6 of the SPG, which states that privacy levels shall be protected by keeping a minimum distance of 21 metres between facing main windows.

For privacy and amenity reasons, Guideline 4 of the SPG normally expects rear gardens to be a minimum depth of 10 metres from rear elevation to back boundary and for two or more bedroom houses to have a garden size of at least 50 square metres. The rear gardens of the proposed dwellings are only 8 metres in depth. However, as they back on to designated open space the restricted depth does not raise any privacy issues. Moreover, the size of the proposed back gardens range between 60 and 96 square metres, and so are considered to provide sufficient levels of private amenity space.

Highways

With 2 or 3 on-site parking spaces for each of the proposed dwellinghouses, the development incorporates sufficient levels of on-site parking and the design of the shared private drive complies with the new Manual for Streets (launched in March 2007 by the Department for Transport and the Department for Communities and Local Government). Access to the development site is gained between numbers 19 and 21 Sheffield Road. Concerns were raised by the Council during the early stages of negotiation regarding visibility along Sheffield Road, particularly to the north east where the road sweeps to the right. However, adequate sight lines are achievable, provided the applicant can secure an interest in a strip of the open space to the east of the development site in order to prevent the possibility of future development (as shown on the amended red line boundary). A condition is proposed preventing occupation of the proposed development unless the approved sight lines can be provided and retained. In addition, the applicant has entered into a unilateral planning obligation which prevents the erection of any structures over 1 metre in height or vegetation to grow over 0.6 metres high within the area shown as visibility splay, and within the applicants ownership, on the approved plan.

48 Unilateral Undertaking

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within a kilometre of the application site. The applicant has entered into a unilateral planning obligation and agreed to pay the Council the sum of £8,420.25 upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

SUMMARY AND RECOMMENDATION

The proposed development of five, four-bedroom dwellinghouses is located close to the centre of Woodhouse on a site defined, for the purposes of Government guidance in PPS3, as previously developed land. The scheme, as amended, retains existing vegetation to the site boundary which is considered to make a positive contribution to the character of the area and the proposals comply with the Council’s supplementary planning guidance in terms of privacy distances between dwellings and the levels of private amenity space.

Adequate visibility for vehicles leaving the application site is secured through the use of a condition preventing occupation of the development unless the required sight lines are provided and retained, as well as a legal agreement limiting the height of structures and/or vegetation within the visibility splays.

It is therefore recommended that Members grant planning permission subject to the proposed conditions.

HEADS OF TERMS FOR LEGAL AGREEMENT

1. On or before the commencement of development, the Owner shall pay the sum of £8,420.25 to the Council, to be used towards the provision of open space within the vicinity of the site.

2. All hedges and vegetation above a height of 0.6 metres and all structures greater than 1 metre in height shall be removed within the area shown on the approved plan as the visibility splay and under the applicants’ ownership. The applicant shall further covenant not to construct any structure greater than 1 metre or permit vegetation greater than 0.6 metre, in perpetuity, within the area shown on the approved plan as the visibility splay and under the applicants’ ownership.

Case Number 08/03329/CHU

Application Type Planning Application for Change of Use

Proposal Use of lower ground floor of dwellinghouse as a day nursery for 20 children (Re-submission of 08/01930/CHU)

Location 43 Button Hill Sheffield S11 9HF

Date Received 19/06/2008

Team SOUTH

Applicant/Agent Mr M Cam

Recommendation Grant Conditionally

Subject to:

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

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

2 The nursery shall not be used on any Saturday, Sunday or any Public Holiday and shall be used only between 08.00 hours and 18:00 hours on any other day.

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

3 The nursery use to be carried out in the building shall be restricted to a maximum of 20 children at any one time.

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

4 The external play area shall be restricted to the upper garden area as shown on the approved plans and no other areas within the site shall be used without the prior written consent of the Local Planning Authority.

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

5 The nursery shall not be used unless the fence to the proposed external play area has been provided as shown on the plans in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority and thereafter the approved fence shall be retained.

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

6 The existing hedge to the boundaries of the site fronting Button Hill and Ranelagh Drive shall not be removed or pruned without the prior written approval of the Local Planning Authority.

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

7 No alterations to the external play area, including surface treatments and fixing of play equipment shall be carried out without the prior written consent of the Local Planning Authority.

In the interests of the amenities of the locality.

8 The nursery shall not be used unless the existing means of vehicular access has been widened to 3.5 metres and a defined pedestrian access has been provided between the site boundary and the entrance into the nursery in accordance with details to have first been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved means of vehicular and pedestrian access shall be retained.

In the interests of pedestrian safety.

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

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

Attention is drawn to the following justifications:

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

51 BE7 - Design of Buildings Used by the Public BE19 - Development affecting Listed Buildings CF1 - Provision of Community Facilities

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

Attention is drawn to the following directives:

1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

This planning permission DOES NOT automatically permit the layout or construction of the access crossing in question, this being a matter which is covered by Section 184 of the Highways Act 1980, and dealt with by:

Assistant Head of Highways Development Services Howden House 1 Union Street Sheffield S1 2SH

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

2. The developer's attention is drawn to:

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

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

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

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

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

52 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.

53 Site Location

INTRODUCTION

This application is a re-submission following refusal of planning permission for a similar proposal in June 2008 (ref.08/01930/CHU). The principal difference between the two applications is the number of children proposed to be accommodated which has been reduced from 25 to 20.

LOCATION AND PROPOSAL

The site is a large c1960 bungalow with lower ground floor accommodation at the junction of Button Hill with Ranelagh Drive. The site lies directly opposite the Button Hill/Woodholm Road junction which includes access to Mylnhurst School. Family dwellings adjoin the site in Button Hill and Ranelagh Drive. Vehicular access is taken from Ranelagh Drive and leads to a large surfaced area suitable

54 for several vehicles. There are garden areas enclosed by high hedges to the Ranelagh Drive and Button Hill frontages and a small enclosed external space adjacent the boundary with No.45 Button Hill.

The application is for the use of the lower ground floor as a children’s nursery for up to 20 children. The proposals involve the conversion of the existing garage, gymnasium, family room, games room, workshop, utility room and store to form the nursery. The ground floor will remain in residential use and will be occupied by the applicant. Nursery staff will have use of the ground floor family kitchen as a rest room and for preparing snacks.

RELEVANT PLANNING HISTORY

The previous refusal (08/01930/CHU) was for the following reason:

‘The Local Planning Authority consider that the proposed day nursery would result in an unacceptable reduction in residential amenity owing to the noise and general disturbance arising from the vehicular and children’s activities associated with the use in close proximity to neighbouring residential property. In these respects the proposal is contrary to Policy H14 of the adopted Unitary Development Plan.’

Planning permission for a covered way with granny flat was granted in 1982 (ref.82/02612/FUL). It seems likely that this was implemented with the covered way being subsequently filled in.

SUMMARY OF REPRESENTATIONS

70 letters of objection were received in response to the previous application for 25 children. All those making representation originally have been notified about the current application proposals.

64 letters of objection have been received in respect of the current application. All the objectors reiterate their previous concerns which are repeated below; with further additional points added:

- Existing traffic congestion and excessive and indiscriminate parking around the road junction associated with Mylnhurst School causes difficulties for residents and for public transport/emergency services and will be exacerbated by these proposals - Pollution from increase in traffic – health risks - Potential conflict between vehicles and children travelling to and from Mylnhurst, Dobcroft and St Wilfrid’s schools – safety hazard, particularly in winter when steep gradient of Ranelagh Drive becomes icy – we should be improving walking routes to schools - Property not suitable for nursery use – noise disturbance, poor access to outdoor play areas, insufficient internal space and unsuitable space for picking up/dropping off children - Potential loss of visual amenity due to any provision of commercial scale external play equipment

55 - Query staffing figures and also consider demand in the area is met – no need for further provision - 3 other nurseries exist within a 1 mile radius - Insufficient staff parking - Only bus service is hourly - The applicant operates a clothes import business from his existing address and will in future transfer it to this site - A covenant exists on the property preventing its use as anything other than a private house or for the professional/residence of a doctor, dentist, surgeon or architect. (non-planning matter) - Remains in conflict with Unitary Development Plan Policy H14 - The area suffers from high levels of nitrogen dioxide and particulate matter pollution and children will be playing in this dirty environment.

All the objectors are aggrieved that road safety was not included as a reason for refusing the previous application and feel that their concerns have been largely ignored. Several objectors refer to an incident that has occurred since the previous decision where a bus was trapped at the Woodholm Road/Button Hill junction due to congestion caused by parked cars. Several consider it is naïve to suggest that public transport will be used to take children to the nursery.

Several letters expand on the noise issues:

- noise will be throughout day due to staggered outdoor play times and throughout year as nurseries do not close at school holidays - proposed fence will not be an adequate noise barrier

All the objectors consider that the proposed reduction from 25 to 20 children will not make any material difference and that the previous refusal should be upheld.

There has also been some concern that the application form states that the applicant is related to a Council Member/employee. The applicant has confirmed that this is an error on the application form and there is no connection in this respect.

Nick Clegg MP has written in support of a constituent’s objections, stating that the proposal has not changed substantially from the previous refusal, and the problems of noise from children, increased traffic and parking and resulting dangers for local children and attendees of the nursery remain. One letter of support has been received from the existing owner of the property, who states that:-

- There has never been noise disturbance from Mylnhurst School - Perceived problems have been grossly exaggerated including those related to privacy - Sound of children playing in a residential area is a natural and welcome sound - The nursery will provide accommodation on a single level - Easily accessible for disabled children, and have much needed provision for autistic children.

PLANNING ASSESSMENT

Assessment of the proposals is restricted to the changes between the refused and current applications.

The changes are:

- Reduction in number of children from 25 to 20 - Reduction in hours of use to 08:00 – 18:00 hours (originally 07:30 – 18:30 hours but modified to 08:00 – 18:30 hours in advance of previous Board meeting) - Widening of vehicular access to 3.5m and provision of defined pedestrian access - Defined play area with 1.5m high fence - Clarification of internal layout

In considering the previous application, Officers accepted that that there is significant congestion caused by traffic/parked cars associated with the existing schools but that the increase in traffic associated with the proposed nursery would be unlikely to be justifiably refused on highway safety grounds. This was due to the accessibility of the location by means other than the car and the fact that arrival and departure times would not necessarily coincide with those associated with Mylnhurst School. Existing parking provision at the site was considered acceptable to serve the nursery.

It was also considered that use as a nursery was acceptable in principle in accordance with Policy H10 (Development in Housing Areas) and that the premises appear to be capable of accommodating 25 children within the current legislative framework. There would also be adequate control over the potential siting of play equipment, necessary in order to protect the residential character of the area and the setting of the Grade II listed lodge to Mylnhurst School. It was accepted that there would be no reason to doubt that disabled access could be satisfactorily provided.

The abundance of childcare provision in the area was previously noted and it was accepted that there was no clear justification for ‘promoting’ the proposed nursery facility in accordance with UDP Policy CF1 (Provision of Community Facilities).

The concern over noise and disturbance was due to the potential for intensive arrival/departure activity, particularly as the entrance is in very close proximity to the adjoining dwelling at No.23 Ranelagh Drive and the nursery was originally proposed to open at 07:30 hours. There was also concern about the confined play area and lack of noise barriers. It was considered that this would necessitate staggered outdoor play times leading to potential for noise disturbance throughout the day which, on balance, was considered unacceptable.

The revised application represents a 20% reduction in the number of children proposed to attend the nursery. The applicant has considered the provision for outdoor play more closely and is now proposing to fully confine play to the upper

57 garden area which adjoins the Button Hill/Ranelagh Drive junction. The area is approximately 95m2. There will be no play in the lower area which will be reserved for access and staff/resident parking.

The applicant has confirmed that outdoor play times will be staggered with no more than 7 children outside at any time. Play times are intended to be for a maximum of 30 minutes in the morning and in the afternoon with a later session for any children staying until the end of the day. This could mean up to 3.5 hours outside play in a typical day. This will inevitably result in some noise disturbance and it would be extremely difficult to enforce against any larger outdoor play groups. Similarly, the Environmental Protection Service has no powers to minimise this source of noise. However, with the play area now fully confined to the front of the property, there is less likelihood of serious noise disturbance in the rear garden areas of surrounding dwellings, where greater levels of residential amenity can be expected. The nursery is not intended to open in the evenings or at weekends/public holidays which would maintain current levels of amenity at these times. These restrictions can be conditioned. An acoustic fence could be provided but is difficult to justify as an essential requirement given the relatively low numbers outside at any one time. Nevertheless, the applicant would be willing to accept a condition requiring such treatment if considered absolutely necessary.

The recommendation and decision on the previous application was finely balanced. It is considered that the 20% reduction in numbers, and therefore a 20% reduction in activity, is sufficient to change the balance in favour of the proposed development and compliance with UDP Policy H14 (Conditions on Development in Housing Areas).

The previously proposed ramped access to the upper garden area would be too steep for disabled access requirements. It is now proposed to utilise the steps to this area and, if necessary, exit to Ranelagh Drive to be taken round to the Button Hill pedestrian access. Whilst not ideal, the constraints of the site are acknowledged and the situation is workable under staff supervision.

A detailed car parking layout has been provided. The layout, as drawn, does not permit adequate manoeuvring. The site is currently capable of accommodating 5/6 cars and the parking is intended for staff and disabled parking only. Marking out of a defined pedestrian route will not significantly affect the ability to park within the site. If planning permission is granted, it is recommended that only the disabled parking (1 space) and pedestrian access is marked out. Together with the reduction in staff resulting from the reduction in children, the parking provision is considered acceptable.

SUMMARY AND RECOMMENDATION

A previous application for a nursery for 25 children was refused planning permission on the basis of an unacceptable loss of residential amenity due to noise and general disturbance. The recommendation and decision were finely balanced.

This application proposes a 20% reduction in numbers and, consequently, a reduction in noise and disturbance. It also more effectively confines the outdoor

58 play area to the front of the property and specifies not more than 7 children playing out at any time. These arrangements will result in less likelihood of serious noise disturbance to the private rear garden areas of nearby dwellings. With appropriate conditions to restrict the numbers, location of the play area and hours of use, it is recommended on balance that planning permission is granted subject to conditions.

Case Number 08/03126/FUL

Application Type A Full Planning Application

Proposal Erection of 17 student apartments, 7 private apartments, offices, student facilities and associated car parking accommodation

Location Site Of 30-32 Edward Street Sheffield S3 7GB

Date Received 06/06/2008

Team CITY CENTRE AND EAST

Applicant/Agent Race Cottam Associates Ltd

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development.

60 4 Full details, including materials and finishes, at a minimum scale of 1:20 were requested, of the items listed below shall be approved in writing by the Local Planning Authority before the commencement of development:

Zinc patterns Parapet walls Pillars Windows Window reveals Doors (including substation and bin stores) Eaves External wall construction Brickwork detailing Railings Rainwater gutters, downpipes and external plumbing Soffits External stairs Plant enclosure Vents (including locations)

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

In order to ensure an appropriate quality of development.

5 Within 3 months from commencement of development details of servicing facilities for the B1 Business Use shall have been submitted to and approved in writing by the Local Planning Authority, such facilities shall be in place before development commences and thereafter retained.

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

6 Notwithstanding the hereby approved plans, within 6 months of development commencing the following details shall have been submitted to and approved in writing by the Local Planning Authority:

1. Level access into the office suite from the car parking accommodation. 2. Level access into the student communal garden from the first floor of the student accommodation. 3. Level access from Edward Street into the lift servicing the private accommodation.

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

To ensure ease of mobility for users of the building.

61 7 Within 3 months of development commencing details of gates/shutters, which must include a management strategy, to both vehicle entrances shall have been submitted to and approved in writing by the Local Planning Authority. The approved gates/shutters shall be in place before any unit is occupied, and, once in place, the management plan shall thereafter be implemented at all times.

To ensure the safety of users and an appropriate quality of development.

8 Within 3 months of development commencing details of gates, which must include a management strategy, to the pathways that are shown running along the side of the building on both Edward Street and Brocco Street shall have been submitted to and approved in writing by the Local Planning Authority. The approved gates shall be in place before any unit is occupied, and, once in place, the management plan shall thereafter be implemented at all times.

To ensure the safety of users and an appropriate quality of development.

9 The residential accommodation shall not be occupied until the shell and core of the Business Unit is in place, this shall include the glazed frontages.

In order to preserve and enhance the character of the area and in the interests of the visual amenities of the locality.

10 Within 3 months of work starting on site, a landscape scheme for the site shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details within 1 month of the occupation of the development or within an alternative timescale to be first agreed in writing with the Local Planning Authority. When the above-mentioned landscaping has been carried out, 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 in accordance with the approved details unless otherwise authorised in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

11 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.

62 In the interests of the safety of road users.

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

1. Clear and unambiguous objectives and modal split targets; 2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority in accordance with the 'Monitoring Schedule' for written approval of actions consequently proposed, 3. The results and findings of the monitoring shall be independently verified/validated to the satisfaction of the local planning authority. 4. The verified/validated results will be used to further define targets and inform actions proposed to achieve the approved objectives and modal split targets.

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

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

13 The development shall not be occupied until a scheme (as detailed below) to promote a car club as part of the development shall either

1. have been carried out 2. details have been submitted to and approved by the local planning authority of arrangements which have been entered into which will ensure the Car Club Scheme is carried out before the development is occupied

The Car Club scheme shall include 1) the provision of publicly accessible parking bays retained solely for the use of car club vehicles, either as part of the development; or at a suitable alternative location within the vicinity of potential users (no more than 10 minutes walk). In the event that it is impractical to provide such car club parking bays an equivalent financial contribution would be appropriate 2) the provision of incentives to ensure all eligible site users are encouraged to become members of the car club scheme 3) arrangements to ensure ongoing marketing of the benefits of car club to site users.

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

14 Within 3 months from the commencement of development, the split of car parking between the uses within the building shall have been agreed in writing by the Local Planning Authority. These details shall be adhered to at all times thereafter unless alternative arrangements have been agreed in writing by the Local Planning Authority.

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

15 The car parking accommodation within the site, as indicated on the approved plans, shall be retained for the sole use of the development hereby permitted and shall not be sold or let separately.

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

16 The building shall not be used unless 2.0 metres x 2.0 metres vehicle/pedestrian intervisibility splays have been provided on both sides of the means of vehicle access such that there is no obstruction to visibility greater than 600 mm above the level of the adjacent footway unless otherwise agreed in writing by the Local Planning Authority, once in place such splays shall thereafter be retained.

In the interests of the safety of road users.

17 The building shall not be occupied unless the cycle parking and bin storage as shown on the approved plans has been provided in accordance with those plans, unless alternative arrangements have been agreed in writing with the Local Planning Authority. If it is the latter, then the alternative arrangements shall have been implemented before occupation. Thereafter, such facilities shall be retained.

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

18 Prior to the occupation of any unit, details of the external footway resurfacing works to Edward Street and Brocco Street, including materials to be used, shall have been submitted to and approved in writing by the Local Planning Authority and the said works completed in accordance with those details, unless an alternative timeframe is agreed in writing by the Local Planning Authority. If it is the latter then this alternative timeframe shall be adhered to.

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

19 Within 3 months from the commenced of development, full details of proposals for the inclusion of public art shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall then be implemented prior to the occupation of the development unless otherwise

64 authorised in writing by the Local Planning Authority. If it is the latter then this alternative timeframe shall be adhered to.

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.

20 The corresponding section of the building shall not be used unless a level threshold has been provided to the Brocco Street entrance of the student accommodation, the Edward Street entrance of the private accommodation and the office entrance on the corner of Edward Street and Brocco Street.

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

21 No development shall take place until the applicant, 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.

22 The surface water discharge from the site shall be subject to a reduction of at least 30% compared to the existing peak flow and the details for surface water disposal, including calculations to demonstrate the reduction, must be submitted to and approved in writing by the Local Planning Authority before development commences.

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

65 25 The site shall be developed with separate systems of drainage for foul and surface water on and off the site.

In the interests of satisfactory and sustainable drainage.

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

A) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 30 dB (2300 to 0700 hours), Living Rooms: LAeq 15 minutes - 40 dB (0700 to 2300 hours).

B) Whenever the criteria set out in A) above can only be met with closed windows provide an alternative rapid ventilation system.

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

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

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

- Be carried out in accordance with an approved method statement - 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 in writing by the Local Planning Authority. Such further scheme of works shall be installed as approved before the use is commenced and shall thereafter be retained.

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

28 Prior to occupation internal noise levels for the office accommodation must meet Noise Rating Curve NR45 when measured as a 15 minute linear Leq at the octave band centre frequencies 31.5Hz to 8KHz.

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

29 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 in writing by the Local Planning Authority and once installed

66 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 future occupiers.

30 Before development commences full details of how the development will provide a minimum of 10% of its predicted energy needs from decentralised and/or renewable or low carbon energy sources shall have been submitted to and approved in writing by the Local Planning Authority, unless it has been agreed in writing by the Local Planning Authority that this would not prove feasible or viable.

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

Thereafter the agreed equipment, connection 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.

31 Unless otherwise agreed in writing the proposed green roof(s) (vegetated roof system) shall be provided on the roof(s) in the locations shown on the approved plans prior to the use of the buildings commencing. Full details of the green roof construction and specification, together with a maintenance schedule shall be submitted to and approved by the Local Planning Authority prior to works commencing on site and unless otherwise agreed in writing shall include a substrate based growing medium of 80mm minimum depth incorporating 15-25% compost or other organic material. Herbaceous plants shall be employed and the plants shall be maintained for a period of 5 years from the date of implementation and any failures within that period shall be replaced.

In the interests of biodiversity.

32 The student and private residential elements of the development shall achieve Code Level Three in accordance with The Code for Sustainable Homes Guidance.

Prior to commencement of development, or within an alternative timescale to be first agreed in writing by the Local Planning Authority, details of the measures that are to be implemented to achieve this rating, including a timescale for their implementation, shall have been submitted to and approved in writing by the Local Planning Authority. Once in place such measures shall be implemented in accordance with these details and thereafter retained 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:

BE1 - Townscape Design BE5 - Building Design and Siting BE16 - Development in Conservation Areas IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas Urban Design Compendium St. Vincent’s Action Plan

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

Attention is drawn to the following directives:

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

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

You should apply for a consent to:-

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

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

3. The development will require the issuing of a formal postal address(s) by the City Council. This will apply even if the development is an infill site. Contact Lynn Fox on Sheffield 2736127 for details. Failure to carry out this process

68 at an early stage may result in statutory undertakers refusing to connect services.

4. The applicant is advised that safe development and occupancy of the site rests with the developer. The Local Planning Authority has determined the application on the basis of the information available to it but contamination may still be discovered during development. If any such contamination is encountered, the Local Planning Authority should be notified within one working day of its discovery.

5. 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.

6. The applicant is advised that modifications to several Traffic Regulation Orders on roads that are adjacent to the site will be needed, which the applicant will be required to sponsor.

Please contact Ian Wheeldon on 0114 273 6368 for further information.

69 Site Location

PROPOSAL

It is proposed to erect a 5/7 storey block comprising of:

- 33 car parking spaces spread over the lower ground floor and ground floor. - An office suite (B1) at ground floor with a main entrance facing the corner of Edward Street and Brocco Street. - 7 one bedroom private apartments. - 17 student cluster apartments comprising 91 bed spaces. - Separate communal garden areas for the student and private accommodation at first floor.

70 LOCATION

The application site is set on the northeast corner of the junction between Brocco Street and Edward Street, in the St Vincent’s area of the city. The site is currently occupied by a low quality flat roofed red brick building, which is no longer in use, and a small car park. The site spans 43 metres along the Edward Street frontage and 30 metres along Brocco Street. The Well Meadow Conservation Area is set seven metres to the west of the application site.

Across Brocco Street to the west is the recently erected student element of the Impact Scheme, which rises to seven storeys on the adjoining Brocco Street/Edward Street corner. The AQH Micklegate scheme is set across Edward Street and is nearing completion, rising to 8 storeys on the Brocco Street/Edward Street corner. It is proposed to abut up to the William Rowland building to the east, which houses an industrial use that is a source of noise within the locality.

The wider St Vincent’s Area has seen a number of planning consents granted in the recent past, bringing the potential for a significant number of student apartments and private accommodation into the locality. Several of these schemes are currently under construction or have recently become occupied.

RELEVANT PLANNING HISTORY

An application for the erection of a 4/7-storey block, comprising 9 private apartments and 25 student apartments containing 103 bed spaces, was submitted for consideration on 24 July 2006. This application was refused on 17 October 2006 for the following reason:

‘’The Local Planning Authority (LPA) considers that the proposed development fails to demonstrate a quality of design suitable for this sensitive corner location, adjacent to the Well Meadow Conservation Area, due to the proposed materials, colours, finishes, building alignments, proportions, detail, articulation, scale and massing. It is therefore considered to be contrary to Paragraph 34 within Planning Policy Statement 1: Delivering Sustainable Development; Policies BE1, BE5 & BE16 of the adopted Sheffield Unitary Development Plan; The Sheffield Urban Design Compendium and the St Vincent's Action Plan’’.

The Applicant appealed this decision and a Public Inquiry was held on 4 September 2007, in which the LPA’s decision was upheld. The Inspector noted within his conclusions that the appeal proposal presented a seemingly haphazard arrangement of projecting bays, pillars, materials, windows and vertical/horizontal emphasis to both Edward Street and Brocco Street. However, the Inspector did state that they considered that the height and massing of the proposal would cause no harm to the emerging character and appearance of the area.

In early 2008 the Applicant’s representatives entered into pre-application discussions with the LPA, which has culminated with the submission of this proposal.

71 REPRESENTATIONS

Conservation Advisory Group

The Group expressed its disappointment that the development was not of the quality the Group would wish to see for this prominent site and felt it was regrettable that something affecting the setting of the Conservation Area was so mundane. The Group also felt that the scale and massing of the development were wrong and the plans and presentation were poor.

PLANNING ASSESSMENT

Policy Issues

Planning Policy Statement 1: Delivering Sustainable Development, states that:

‘’Planning authorities should plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. Good design should contribute positively to making places better for people. Design which is inappropriate in its context, or which fails to take the opportunities available for improving the character and quality of an area and the way it functions, should not be accepted’’.

Unitary Development Plan (UDP)

Policy BE1: Townscape Design states that a high quality townscape will be promoted with a positive approach to conservation and a high standard of new design.

Policy BE5: Building Design and Siting states that, original architecture will be encouraged, but that new buildings should complement the scale, form and architectural style of surrounding buildings.

The site is located within close proximity to the recently established Well Meadow Conservation Area. Policy BE16: Development in Conservation Areas states that, new development in/or affecting the character of conservation areas is expected to preserve or enhance the character or appearance of that area.

The application site lies within a General Industry Area as defined in the UDP. Policy IB5 describes General Industry (B2) and Warehousing (B8) as the preferred uses in such areas. Housing (C3) is described as an unacceptable use as living conditions in industrial environments are not considered to be satisfactory. Moreover, the presence of housing could prejudice the viability of both existing and potential industrial uses.

Policy IB9: Conditions on Development in Business and Industry Areas also applies. IB9(b) states that in Industry and Business Areas, new development or change of use will be permitted provided that it would not cause residents or

72 visitors in any hotel, hostel, residential institution or housing to suffer from unacceptable living conditions.

Urban Design Compendium (UDC)

The UDC sets out general and specific design guidance for the City Centre and the St Vincent’s Quarter. Specifically for the St Vincent’s Quarter the compendium states that innovative and contemporary infill developments should be encouraged.

St. Vincent’s Action Plan (SVAP)

This St. Vincent’s Quarter has come under increasing pressure for new development, particularly residential, which has raised conflicts with existing UDP Policy. This has also been coupled with the area’s role as a home for manufacturing businesses declining.

The City Council produced an Action Plan for St Vincent’s with the purpose of identifying a concise route for the regeneration of the area. The SVAP, which was approved by Cabinet in December 2004, is a material consideration when determining planning applications in the area prior to the adoption of the Sheffield Development Framework (SDF).

The Action Plan, which is based on a year of consultation and research by a team of consultants retained by the Council, sets out proposals which will balance the demand for new housing with the need to maintain and create employment, and provide for both in an attractive mixed-use environment.

Two new Housing Opportunity Areas are proposed within the St. Vincent’s Quarter in response to strong housing development interest and large numbers of derelict and vacant premises. The application site is included within one of these areas, seen as an extension of the existing St. Georges Housing Area at the southern end of the quarter. These Housing Opportunity Areas would allow a range of uses of any proportionate mix including Housing (C3) and Business (B1), but excluding General Industry (B2).

If a land use conflict occurs between the UDP and the SVAP, the SVAP should win out.

Tenure

The SVAP requires that tenures be mixed equally (30:30:30) between social rented, private rented/owner occupied and student tenures. Large schemes should include a significant proportion of more than one tenure. The scheme comprises of 29.2% private accommodation and 70.8% student accommodation.

It is acknowledged that this fails to hit the target of 30%, however, this failure is only very slight, and, in light of this, the overall provision of mixed tenure in the form of private/student apartments is deemed as being in keeping with the spirit of the St Vincent’s Action Plan.

73 Land Use

As previously stated the SVAP allows for a range of uses within Housing Opportunity Areas, which includes Housing (C3) and Business (B1).

Highway Issues

The proposal is to provide 33 car parking spaces spread over two floors. Although this provision is high within this city centre location the inclusion of parking is welcome, particularly as larger schemes within the locality have struggled to achieve this in the recent past. It is also viewed as key within the current climate that the office unit is attractive to potential tenants and the inclusion of limited parking will aid this. Details of how the spaces are to be split, and how the car parks are to be managed, will be the subject of planning conditions.

The access ramps are only wide enough to deal with single vehicles. Although not ideal, given the limited vehicles that will be using the ramps, the slow speeds involved, and the limited space within the site, this is on balance viewed as acceptable.

The applicant has agreed to pay £5,684 towards footway links into the city centre and a further £2000 towards a review of Traffic Regulation Orders within the area. In addition, the footway adjoining the site will be re-surfaced in line with the materials palette identified in the Urban Design Compendium.

Amenity Space

The scheme presents a suitable level of amenity space in the form of two communal gardens at first floor and a roof terrace.

Noise

The site is to be built up to William Rowland, which is identified as a source of industrial noise in the locality within the submitted Noise Report. The report goes on to identify traffic as the other main noise source in the area. A PPG24 assessment was carried out which identified that the site fell into Noise Exposure Category (NEC) B. Planning Policy Guidance Note 24 states that noise should be taken into account when determining planning application for sites which fall within NEC B, and, where appropriate, conditions should be imposed to ensure adequate protection.

It is also a consideration that the gable wall of the proposed development is blank and William Rowland closes at 5.30pm.

It is considered that, based on the conclusions of the submitted Noise Report and an assessment from City Council Environmental Health Officers, through the imposition of planning conditions suitable living conditions can be achieved for future residents of the proposed building, whilst it is unlikely to prejudice the activities/operations of existing and future businesses.

74 Access Issues

The proposal will provide level access, and lift access as appropriate, for the separate uses within the building, whilst the provision of mobility housing can be secured through planning conditions.

Archaeology

A suitable condition will be attached to any consent to ensure the archaeological interests of the site are protected and/or recorded.

Effect on residential amenities

The scheme will provide residents with suitable outlook and privacy in the context of this city centre development site.

Affordable Housing

The proposed scheme falls outside the requirements of the Affordable Housing Interim Planning Guidance and therefore no provision is necessary.

Design Issues

The 2006 application was refused on design grounds, a decision that was upheld at Public Inquiry. The LPA has been in discussions with the applicant over a number of months, which has culminated in the scheme that is being presented to Members.

The principles of scale were set by the Inspector and the Planning Inquiry, who considered that a building of this scale (5/7 storeys) sat comfortably in its context when the neighbouring new build development was accounted for.

In terms of massing the building steps up both the Edward Street and Brocco Street frontages with the sloping topography, which is welcomed. The massing of the building is well broken with several sections of framed glazing, which offer a strong vertical emphasis and a contrast between the areas of red brick. The massing is further aided by the upper storey set backs and well articulated elevations.

The detail of the elevations has moved forward significantly from the original scheme, with much more orderly and legible details and relationships across the elevations. Although final small scale details will be the subject of planning conditions, the scheme is viewed as acceptable from a design perspective.

It is noted that the corner feature is currently being revised at the request of officers to allow for a clear two storeys above the entrance to the offices, which will create a more welcoming space. These revisions will be presented to Members at Area Board.

75 Sustainability

The Applicant has agreed to several sustainability targets that will ensure the building meets standards expected in respect of this key issue. These include:

1. The provision of a green roof system. 2. The commitment to reduce the predicted carbon footprint of the building by 10% from decentralised and renewable or low carbon energy. 3. The commitment for the private and student residential units to meet Code for Sustainable Homes Level 3, which equates to a 25% reduction in predicted emissions.

Open Space Requirement

An Open Space contribution of £63,412 would be required under the terms of Policy H16 of the Unitary Development Plan, in line with the City Centre Living Strategy.

Warden Scheme

The area and its existing residents and businesses currently suffer from a degree of crime and nuisance. These matters amongst others are being addressed through the SVAP, including the extension of a successful Street Warden Scheme; the applicant has agreed to contribute £4,800 towards this scheme.

Advertisement of Application

Although the application was advertised in the press and site notices were placed in appropriate locations, two adjoining land owners were only notified on 6 August 2008, those being William Rowland Ltd (Edward Street) and F & W Collins Waste Materials Ltd (Upper Allen Street). Letters have now been hand delivered allowing these businesses 21 days to comment on the proposals. This statutory period will end on 28 August 2008. Should representations as a result of this new publicity be received before Area Board on 18 August 2008 they will be reported at the meeting.

It is therefore requested that members be minded to grant the application and give delegated authority to the Director of Development Services to issue a decision notice after 28 August 2008 subject to no adverse representations being received.

SUMMARY AND RECOMMENDATION

The principle of the land uses are in keeping with the aims of the St Vincent’s Action Plan.

Subject to the imposition of planning conditions, it is considered that suitable living conditions, including noise, can be achieved within the development, whist not threatening the continuing activities of surrounding businesses.

76 The design of the scheme has improved significantly from the previously approved scheme with a building of a quality that reflects its sensitive setting.

The building will meet the sustainability aspirations of the City Council, which is welcomed.

The proposal is therefore recommended for approval, subject to no further objections being received by 28 August 2008 and the signing of a S106 Agreement that satisfies the following Heads of Terms.

Heads of Terms

A sum of £63,412 shall be paid to the Council towards the enhancement of open space within the catchment area of the site. A sum of £5,684 shall be paid to the Council towards footway links into the city centre and a further £2000 shall be paid to the Council towards a review of Traffic Regulation Orders within the area. A sum of £4,800 shall be paid to the Council towards the warden scheme for the area.

In the event that a satisfactory S106 planning obligation covering the Heads of Terms set out in the preceding paragraph is not concluded before 5 September 2008 (in order to meet the Government’s target time for the determination of the application), it is recommended that the application be refused for the failure to make adequate provision in this regard.

Case Number 08/03066/FUL

Application Type A Full Planning Application

Proposal Enabling works (Erection of temporary classrooms and servicing infrastructure) as part of the redevelopment of High Storrs School (As indicated on plans received on 2nd July 2008)

Location High Storrs School High Storrs Road Sheffield S11 7LH

Date Received 20/06/2008

Team SOUTH

Applicant/Agent Building Design Partnership

Recommendation Grant Conditionally

Subject to:

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

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

2 The temporary structures and infrastructure shall be removed on or before 31st December 2011.

In the interests of the amenities of the locality, the setting of the Listed building and the character and openness of the Green Belt.

3 Within six months of the date of this decision a landscape scheme shall be submitted to, and approved in writing by, the Local Planning Authority giving details of restoration works to the soft landscaped areas of the school grounds which will be occupied by the footprint of the development. The approved scheme shall then be implemented within six months of the removal of the temporary structures and thereafter retained.

In the interests of the visual amenity of the locality and the setting of the Grade II Listed school buildings.

78 4 Within one month of the date of this permission full details of the measures to be taken to protect the existing trees within and/or adjoining the site of the development during the enabling works shall be submitted to and approved in writing by the Local Planning Authority and fully implemented. These measures shall include means of preventing the ground beneath the canopy of such trees and/or hedges from being disturbed or used for storing materials of any kind.

In the interests of the visual amenities of the locality and to protect the green belt landscape.

5 Within one month of the date of this permission, full details of suitable access and facilities for people with disabilities, both to and within the temporary buildings and also 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 access and facilities have been provided in accordance with the approved plans. Thereafter such access and facilities shall be retained. (Reference should also be made to the Code of Practice BS8300).

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

6 Within one month of the date of this permission, 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 and of routing of construction vehicles to and from the site. 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.

7 Within one month of the date of this permission full details of the Ringinglow Road access, including geometric details, sight lines and surfacing shall be submitted to and agreed in writing by the Local Planning Authority.

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

8 Within one month of the date of this permission full details of vehicular turning areas for vehicles involved in demolition shall be submitted and approved in writing by the Local Planning Authority. Such details shall include vehicular tracking to demonstrate that adequate on site turning areas are available.

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

9 At all times that 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

79 commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

10 Temporary parking for school staff shall be provided in accordance with the details submitted in the supporting submission dated 3rd June 2008.

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

11 The temporary staff car parking indicated on the approved plans shall remain open outside school hours to facilitate off street car parking facilities for persons engaged in use of the school sports pitches outside school hours.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

GE1 - Development in the Green Belt GE2 - Protection and Improvement of the Green Belt Landscape GE3 - New Building in the Green Belt GE4 - Development and the Green Belt Environment GE11 - Nature Conservation and Development GE16 Lakes and Ponds LR4 - Open Space

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

Attention is drawn to the following directives:

1. The developer's attention is drawn to:

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

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

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

If you require any further information please contact Mr B Messider on Sheffield 2734197.

2. The applicant is advised to contact Highway Co-ordination to agree details of the Traffic Management - Tel: 0114 2736159

81 Site Location

LOCATION AND PROPOSAL

High Storrs School consists of a series of buildings constructed throughout the last 75 years within a substantial curtilage of approximately 11.3 hectares. The main school building is a Grade II Listed Building and was constructed in 1933 in Stripped Classical style faced in brick with concrete dressings and featuring a pantile roof.

The original building is two storeys in height and constructed on a double courtyard plan with assembly hall between. Set at right angles at either end of the main body of the building are two single storey gymnasiums.

The boundary walls, railings and gates on the High Storrs Road and the first 50 metres along Ringinglow Road are also Listed.

Other buildings that cluster around the original school were added, in the main, in the early 1960’s. These are generally in poor condition and are the subject of a separate listed building consent application for demolition. It is expected that a further application will be received in the near future for the permanent replacement of these buildings.

The entire school site lies within the Green Belt as identified in the Sheffield Unitary Development Plan.

This application seeks permission to erect:

4 temporary single storey classroom blocks and 5 storage containers on land to the west of the main school building to the following specifications:

Block A: Classroom building measuring 69 metres by 22 metres overall. Block B: Food Technology and Performing Arts building measuring 35 metres by 22 metres Block C: Art building measuring 28 metres by 22 metres Block D: Kitchen unit measuring 18 metres by 14 metres.

The building will have their long axes running east-west with building D closest to Ringinglow Road, then A, B & C at increasing distances from Ringinglow Road.

The classroom blocks will be separated by pedestrian routes 5.5 metres in width.

The five storage units will be located to the west of the kitchen block.

The contractors cabins will be located to the left of the Ringinglow Road entrance adjacent the proposed contractors car parking. The car parking will occupy a rectangular footprint measuring 30 metres by 46 metres and providing off street car parking for 73 vehicles.

Car parking provision for the school will be located in a car park located on the right hand side of the Ringinglow Road entrance. This will occupy a rectangular area measuring 46 metres by 38 metres overall and provide 59 off street spaces including 4 disabled parking spaces.

RELEVANT PLANNING HISTORY

There is an extensive planning history on the site but the most relevant application is (05/ 01130/RG3).

This granted outline permission for the demolition of 1960’s additions to the school and their replacement with a two storey new build ‘wing’ to the north of the original school building.

SUMMARY OF REPRESENTATIONS

There has been one representation regarding the application.

The comments appear to relate primarily to the design of the future new build and consequent impact on the character of the area. These would need to be dealt with as part of the full application for this element of the overall school re- build/refurbishment project.

There are comments regarding loss of greenery on the north boundary and the view is expressed that new tree planting should occur on this boundary in anticipation of the commencement of the new build.

PLANNING ASSESSMENT

Relevant Policy

The entire school site is located within the Green Belt as allocated in the Unitary Development Plan (UDP). Residential properties on both High Storrs Road and Ringinglow Road are designated as Housing Areas. UDP policies GE1, GE2, GE3, GE4, GE15, CF1and BE19 are relevant.

GE1 Development in The Green Belt states: In the Green Belt, development will not be permitted, except in very special circumstances, where it would: a. lead to unrestricted growth of the built-up area; or b. lead to encroachment of urban development into the countryside

GE2 Protection and Improvement of The Green Belt Landscape states: In the Green Belt, measures will be taken to: a. maintain and enhance those areas with a generally high landscape value; and b. improve poor landscapes in priority areas.

GE3 New Building in The Green Belt states: In the Green Belt, the construction of new buildings will not be permitted, except in very special circumstances, for purposes other than …uses which would comply with Policy GE1.

Essential facilities are considered those that are genuinely required for such uses of land, and which preserve the openness of the Green Belt and do not conflict with the purposes of including land in it.

GE4 Development and The Green Belt Environment states: The scale and character of any development which is permitted in the Green Belt, or would be conspicuous from it, should be in keeping with the area and, wherever possible, conserve and enhance the landscape and natural environment.

CF1 Provision of Community Facilities states: The provision of community facilities which are readily available to all Sheffield people will be promoted, particularly where they would: b. be easily accessible by public transport; and

84 c. be located within the community they are intended to serve

BE19 Development Affecting Listed Buildings states:

- The demolition of Listed Buildings will not be permitted. Proposals for internal or external alterations which would affect the special interest of a Listed Building will be expected to preserve the character and appearance of the building and, where appropriate, to preserve or repair original details and features of interest. - Proposals for change of use will be expected to preserve the character of the building. - 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. - The original use of a Listed Building will be preferred but other uses will be considered where they would enable the future of the building to be secured.

Assessment

Unitary Development Plan (UDP) Policies GE1 (Development in the Green Belt), GE2 (Protection and Improvement of the Green Belt Landscape), GE3 (New Building in the Green Belt) and GE4 (Development and the Green Belt Environment) are relevant in considering this application. Government planning guidance in PPG2: Green Belts pre-dates the UDP. UDP Policies are formulated to reflect guidance in PPG2.

The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. There is a general presumption against ‘inappropriate’ development within green belts. ‘Inappropriate’ development is defined in PPS2 as development for purposes other than agriculture and forestry, essential facilities for outdoor sport and recreation, cemeteries, minor extensions or replacement of existing dwellings, limited infilling in existing villages and limited infilling or redevelopment of major existing developed sites identified in adopted local plans.

The proposed temporary buildings do not fall into any of the above categories. The proposed development is therefore ‘inappropriate’ in accordance with PPS2. The proposal is also contrary to UDP Policies GE1 and GE3 which do not generally permit inappropriate development in the Green Belt though, in view of the temporary nature of the proposals, it would be difficult to argue that the proposal was contrary to the long term aims of Policy GE4 which seeks to ensure that development is in keeping with the area. The development does however represent a Departure from the adopted development plan and has been advertised accordingly.

PPS2 and UDP Policies GE1 and GE3 do concede that ‘inappropriate’ development can be permitted if ‘very special circumstances’ can be justified. Very special circumstances will not exist unless the harm by reason of inappropriateness is clearly outweighed by other considerations.

85 The key issues to consider in determining whether ‘very special circumstances’ exist to justify the departure from the UDP are:

(a) is the development needed?; and

(b) will a new building in the proposed area of siting be significantly more harmful to the openness of the green belt than an alternative location within the application site?

Need

The proposal forms part of Central Governments objective to modernise schools to a standard commensurate with 21st century requirements for teaching and learning. It must be accepted that the High Storrs School as a whole is in poor condition and does not meet current DfES standards.

It has already been accepted at outline application stage that the more recent post war additions are in very poor condition and that a disposal of these buildings and their replacement with a bespoke modern building is the only viable response to their substantial decline.

In view of the above, it can reasonably be concluded that there is need for the new school building and hence a requirement to provide interim schooling facilities whilst construction and fitting out of the new build is implemented.

Design Issues and impact on the Green Belt

The temporary classroom buildings would be single storey in height and lie close to the original school building. There can be little doubt that the temporary classrooms and supporting infrastructure will represent an encroachment of built form onto the playing fields which currently contribute to the openness of the Green Belt. The same can be said of the two storey constructors cabins.

However, in order to expedite the demolitions and subsequent new build there is a requirement for these buildings to be accommodated on site. Since the areas to the north and south of the original school building will be undergoing demolition works and the area to the east (adjacent High Storrs Road) is of insufficient size to accommodate the temporary buildings the proposed location is the sole option available other than a relocation off site which is not a realistic alternative.

Hence, in view of the established use of the site, the demonstrated need for a new school building, the benefits to the community, and the consideration of the temporary nature of the proposed structures, it is considered that the proposed development meets the very special circumstances necessary to permit a departure from Policies GE1, GE3 and GE4 of the UDP. The special circumstances are such that the departure will not set any precedent in considering future applications for development in the green belt against the policies stated.

86 Design issues and impact on the Listed building

As with considerations regarding the Green Belt there is no doubt that the proposals will have a temporary adverse affect on the setting of the Listed Building, particularly when it is viewed from vantage points to the south and west.

It should however be noted that this proposal forms the first phase in a programme that will, in the medium and long term, remove the presence of the brutal and utilitarian 1960’s extensions and replace them with a bespoke teaching facility and ancillary infrastructure. It is considered that these will represent a significant improvement in the setting of the Listed Building over existing.

Bearing this in mind it is felt that the proposal can be considered favourably in the light of policy BE19 of the Sheffield Unitary Development Plan.

Residential Amenity

The proposed structures all lie a significant distance from the nearest residential properties (in excess of 30 metres) and as such it is not considered that their physical presence will result in any disamenity. The use of the temporary classrooms is commensurate with the existing site and it is not considered that any noise or disturbance issues will arise above and beyond those that are already in existence.

The constructors cabins will function as office space and it is not felt that this use is incompatible with nearby residential uses.

Noise associated with vehicular activity

It is considered that the car parking facilities are sufficiently separated from residential properties so as to negate any significant loss of residential amenity arising from vehicular activity associated with school or works use.

Highway Issues

There are no issues arising with regard to the principle of the proposal. However additional details with regard to turning areas for contractors vehicles, site access and vehicle routing should be required by condition.

Car Parking: School use

UDP car parking guidelines indicate a requirement for 1 space per 6 staff. The Applicant has indicated that the number of staff is currently 172 of which 23 are part time. Guidelines therefore suggest provision of 37 spaces. Guidelines relating to car usage/ car parking for students (sixth formers) advise the provision of 1 space per 20 students and this would equate to 26 spaces (520 sixth form students are expected to be in attendance). The desired requirement would therefore amount to a total of 63 spaces.

87 The temporary car park adjacent the temporary kitchen block provides for 59 of these spaces and there are additional staff spaces available along the east elevation of the main building

It is recognised that current extra curricula activities, (most notably use of the sports pitches at weekends) cause highway difficulties on nearby roads. It is therefore considered important that the temporary car parking designated for staff remains accessible for these events.

Use of the contractors car park for overspill car parking for such events will not be practical since contractors heavy plant may be stored in these areas and there are health and safety concerns in sharing this area.

Access issues

Further details of measures to ensure adequate disabled access to the classroom units are required, and will be the subject of appropriate conditions.

Landscape Issues

The proposal would not compromise any trees of significant public amenity value. Areas of open green space that would be damaged by the presence of the temporary buildings would need to be restored upon removal of said units.

SUMMARY AND RECOMMENDATION

The development will be provide learning facilities during the demolition and new build phases of BSF programme for the school.

It is accepted that the proposal will have a temporary adverse affect on both the character and openness of the Green Belt and on the setting of the Listed Building.

Nonetheless, it is recognised that this temporary deleterious affect in these two areas of concern will facilitate the rebuilding and refurbishment of the main school complex for the medium and long term future so as to enable appropriate teaching facilities for the 21st Century.

The levels of car parking provision and open space/sports provision are considered to comply with relevant UDP policies.

It is therefore recommended that the proposed development is granted planning permission, subject to conditions.

Case Number 08/03045/FUL

Application Type A Full Planning Application

Proposal Extension of opening hours until 0000 hours (As amended 06/08/2008) (Application under Section 73 to vary Condition 2 as imposed by planning permission 06/02190/FUL) - resubmission of planning application - 08/00054/FUL

Location Unit 3 The Plaza 8 Fitzwilliam Street Sheffield S1 4JB

Date Received 05/06/2008

Team CITY CENTRE AND EAST

Applicant/Agent Devonshire Green Holdings Ltd

Recommendation Grant Conditionally

Subject to:

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

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

2 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 of this permission when it shall only be used between 1000 hours and midnight on any day.

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

3 Details of the colour of doors and louvres shall be submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such approved details have been implemented.

In the interests of the visual amenities of the locality.

89 4 Before the use of the building for restaurant and bar purposes (Use Classes A3 and A4) commence a scheme of sound attenuation work shall have been installed and thereafter retained. Such scheme of works shall

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

b) Be capable of restricting noise breakout from the Use Class A3/A4 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 3dB when measured as a 15 minute Leq iii) Be capable of restricting noise breakout from the Class A3/A4 use to the flats above to levels complying with the following:

Bedrooms: Noise Rating Curve (NR25) (2300 to 0700 hours), Living rooms: Noise Rating Curve NR35 (0700 to 2300 hours),

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

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

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

5 Amplified sound or live music shall only be played within the restaurant/bar in such a way that noise breakout to the Plaza or the street does not exceed:

a) Background noise levels by more than 3 dBA when measured as a 15 minute LAeq and b) Any octave band centre frequency by more than 3dB when measured on a 15 minute LEQ when measured at the facade of the buildings opposite.

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

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

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

b) Demonstrate that the specified noise levels have been achieved. In the event that the specified noise levels have both been achieved, then

90 notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

7 Before the use of the building for food and drink purposes (Use Class A3/A4) commences, details of a maintenance agreement for the fume extraction system (purified air system) shall be submitted to and approved by the Local Planning Authority.

In the interests of the visual amenities of the locality.

8 The building shall not be used for the approved restaurant and bar purposes (Use Class A3/A4) unless the fume extraction system (electrostatic precipitator) as detailed in planning approval reference 05/01183/CHU has been installed and the type of filters to be installed submitted to and approved in writing by the Local Planning Authority.

In the interests of the visual amenities of the locality.

9 Other than at collection times, all waste materials shall be stored in internal designated areas as indicated in the approved plans.

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

10 No deliveries to the building shall be carried out between the hours of 2300 to 0700 hours Monday to Saturday and 2300 hours to 0900 hours Sundays and Public Holidays.

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

11 The departure of customers from the building between 2300 and 0030 hours on any day shall be supervised within The Plaza in accordance with a method statement that shall have received the prior written approval of the Local Planning Authority. Such method statement shall provide for the employment of staff and state how the behaviour of departing customers will be managed so as to reduce substantially any noise, disturbance or other unruly behaviour and to ensure their safe and quiet departure from The Plaza.

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

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas H2 - Locations for Housing Development H10 - Development in Housing Areas H12 - Housing Development in the City Centre H14 - Conditions on Development in Housing Areas

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

Attention is drawn to the following directives:

1. The applicant is advised that condition No(s) 3-10 were imposed by planning permission No. 06/02190/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.

92 Site Location

LOCATION AND PROPOSAL

West One is a block of flats between Fitzwilliam Street and Cavendish Street. It contains a group of shops, bars and restaurants at the northern end known as The Plaza, Unit 3 being located on the northern side. It has an outside seating area. The proposal is to open the bar until midnight.

HISTORY

Application No 00/01269/FUL: Permission granted 22 February 2001 for erection of flats and commercial units, Condition 20 of which limited opening times of the Food and Drink units to 0800-2330 hours Mondays to Saturdays and 0900-2300 hours on Sundays and Public Holidays.

93 05/01183/CHU: Permission granted 19 July 2005 for use of Unit 3 and part of Unit 2 as restaurant (Class A3) closing at 2300 hours.

05/03077/CHU: Permission granted 23 September 2005 for use of Unit 3 as restaurant (Class A3) and bar (A4) closing at 2300 hours.

06/02190/FUL: Permission granted 22 August 2006 for extended opening hours of bar/restaurant at Unit 3 until 0000 hours (Variation of Condition 2 of 05/03077/FUL), expiring 22 August 2007.

06/03155/CHU: Permission granted 14 November 2006 for outside seating areas to Units 3, 8 & 9, 10, and 15 in connection with A3/A4 uses until 2230 hours, expiring 13 November 2008. Management strategy required by condition, with use of seating to cease by 2230 hours and furniture stored away by 2300 hours.

08/00054/FUL: Permission refused 31 March 2008 for permanent extension of opening hours until midnight (Variation of Condition 2 of 06/02190/FUL).

On 3 June 2008 a management strategy for the outdoor seating was approved under 06/03155/CHU.

REPRESENTATIONS

5 Resident’s objections received: (1) Primarily a residential area; (2) Many flats overlook The Plaza – an enclosed space that amplifies the sound; (3) Late night noise from drinkers and people smoking outside; (4) Late night noise from customers leaving and congregating in The Plaza; (5) Already disturbance until past midnight from customers leaving, often drunk with shouting, loud laughter, screaming;

(6) If allowed then drinkers will congregate much later in The Plaza; (7) West One is the hub of a large residential area that must be protected from late night bar culture if city centre regeneration is to succeed in attracting owner occupiers; (8) Customers enter and leave via The Plaza, unlike Vodka Revolution which has its main entrance on Fitzwilliam Street; (9) A late night extension will be used more by bar customers, as restaurant on mezzanine floor is secondary to ground floor bar; (10) No guarantee that Bar 23 will adhere to conditions regarding outside seating, standing drinkers outside the bar which occurred as recently as Saturday 28 June 2008; (11) Bar still open until 0015-0030 on 11/12 July 2008 in breach of permission;

(12) Late night noise from Bar 23 already affects amenity of residents of former Glossop Road Baths; (13) Customers leaving call for taxis which sound their horns in Cavendish Street to attract attention; (14) Some customers park in Cavendish Street car park, forming noisy groups when returning to their vehicles, shouting, slamming doors and setting off car alarms as they go; (15) Late opening at the Swim Inn was recently dismissed on appeal because of noise affecting residents in line with planning policy; (16) Will produce more waste and additional bin storage; (17) Bins stored on Convent Walk are a health and safety hazard and are often left out;

One Objection received from Councillor J Creasy: Reiterates points (2), (3), (4), (6) and (7). Additional Objection: (18) Late night noise from tables and chairs being stacked.

5 Letters received in support: (1) Bar 23 one of the best bar/restaurants in town; (2) Modern, independent and high quality establishment with good food; (3) Should have same operating hours as its competitors; (4) Attracts more mature and sophisticated clientele; (5) Later hours would be more convenient for customers; (6) Good bars and restaurants are part of city living.

ASSESSMENT

Policy

The site lies partly within the Central Shopping Area in the Unitary Development Plan and partly within a Housing Area.

Policy S3 lists Shops (Class A1), Food and Drink (A3) and Housing (C3) as preferred uses. Policy S10 requires that change of use does not cause residents to suffer from unacceptable living conditions including air pollution, noise other nuisance or risk to health and safety.

Policy H2 identifies the City Centre as a main location for housing. Policy H10 lists Housing as the preferred use in a housing area, and Food and Drink as acceptable.

The site lies within the City Centre Housing Priority Zone. Policy H12 promotes housing in the City Centre where it would help strengthen existing communities and establish new communities in areas not suffering from unacceptable living conditions.

Policy H14 permits new housing provided that residents would not suffer from unacceptable living conditions.

The site lies within the Devonshire Quarter, and the Action Plan encourages an appropriate mix of housing and night time uses.

Guideline 10 of The City Centre Living Strategy has been superseded by the Interim Planning Guidelines on Night Time Uses approved 26 October 2005. Guideline 1 of this document establishes controlled areas where night time uses will not be allowed to open after 0030 hours. West One lies within the Devonshire Quarter 0030 hours controlled area. It also states that if unacceptable problems will arise for residents of the area the Council may refuse permission for that development.

Character of the Use

Bar 23 is used as a ground floor bar licensed for 135 customers, with a mezzanine restaurant accommodating 54 diners. The restaurant has won awards recently for

95 its fare, and is considered to be, potentially at least, the kind of quality business that ought to be able to fit in with city centre regeneration. However the enforcement history provides evidence of management deficiencies.

The renewal in March 2008 of the extended opening to midnight could not be considered favourably at the time because of unsatisfactory management of the outdoor seating. The applicants say they have tackled these deficiencies by the appointment of a new manager. The submission of a satisfactory management strategy for the outdoor tables is evidence of this new approach.

There has been only one reported breach of this arrangement, referred to by local residents. The applicants have explained that on this occasion the bar manager advised the stand-up drinkers to find a seat or move indoors. They confirm that they no longer permit stand-up drinkers outside. This is accepted.

The applicants confirm that the bar is an essential component of the restaurant business, as diners some of whom frequently make group bookings prefer to relax in the bar after their meals.

Noise

The Plaza is a noise-sensitive location because of its enclosed character surrounded by a large number of flats. Planning policy designates the site as primarily a residential area.

The equal numbers of objectors and supporters shows the proposal to be controversial. However they are not equally spread. The objectors all live close to or overlooking The Plaza. The supporters live lower down West One away from The Plaza, or have a commercial interest in letting accommodation, ie they do not personally have to live with the noise from departing customers, which remains a real issue.

Particular complaints are made about customers’ behaviour. It is accepted that some level of disturbance is experienced by residents of The Plaza from Bar 23, probably alcohol-fuelled and arising more from the bar element of the use than the restaurant. However, some noise may be due to non-customers walking through The Plaza.

Against this, the bar and restaurant is referred to by its supporters as the kind of place that is part of the attraction of city living. If possible a balance should be struck between conflicting requirements.

The applicants have offered to employ staff to supervise the departure of customers in an orderly manner so as to minimise noise. This is covered by condition, reserving for later approval a method statement containing details of the supervision.

On this basis, approval is recommended for a trial period of one year.

96 This would be consistent with Vodka Revolution at Units 1 and 2 next door who have been granted late opening (in this instance until 0030 hours) for a trial period of one year expiring 31 October 2008. This is a much bigger unit, and a condition restricts entry and exit after 2300 hours to the main entrance to Fitzwilliam Street.

RESPONSE TO REPRESENTATIONS

Objections (1) – (10) and (12) - (15): Covered by above report; ( 11) Isolated report and no evidence of repeated breach of hours; (16) and (17) Not relevant to late opening; (18) Already resolved.

Comments in support: (1) – (5): Covered by above report.

ENFORCEMENT

The site was visited in May and June 2007 at various times from 2230 to 2330 hours. On some occasions groups of drinkers were seen standing in the outdoor seating area with consequent noise and chatter, and on other occasions the tables were unused or stacked as required by 2300.

Management Strategies for the outdoor seating were received from the applicant on 20 June 2007 and 4 January 2008. Both were unsatisfactory as no commitment was given to ensure all outdoor customers were seated at the tables.

A Breach of Condition Notice was served on 14 January 2008. A revised Management Strategy was received 19 February 2008, but still deficient as factually inaccurate and lacks a commitment to ensure no stand-up drinking.

Before Christmas 2007 a sign was displayed in the window saying open until 0100 hours Thursday-Saturday until January 2008. The sign was removed after visit by the Enforcement Officer. Application No 08/00054/FUL was received for permanent opening until midnight.

After the refusal of Application No 08/00054/FUL an acceptable management strategy for the outdoor tables was received. It requires (i) all outdoor customers to be seated, (ii) a 1200mm clear route to be maintained through the tables to the entrance for use by people with disabilities, (iii) outdoor tables to be vacated by 2230 hours, (iv) furniture stacked and secured outside by 2300 hours. This was approved 3 June 2008.

CONCLUSION

The proposal is considered acceptable on a one year trial basis, with additional supervision of departing customers to control late night street noise. This proposal strikes a balance between the needs of local residents and allows the opportunity to see whether the business can operate without causing harm to the residents.

RECOMMENDATION

Grant subject to the recommended conditions

Case Number 08/03001/ADV

Application Type Advertisement Consent Application

Proposal Two internally illuminated fascia signs

Location 141 West Street Sheffield S1 4EW

Date Received 03/06/2008

Team CITY CENTRE AND EAST

Applicant/Agent A P Doughty Design Consultant

Recommendation Refuse with Enforcement Action

Subject to:

1 The Local Planning Authority consider the proposed signage, by virtue of its internal illumination, form, design, size and elevated siting detracts from the character and appearance of the building creating a cluttered display of advertisements. As such it is considered detrimental to the character and appearance of the building, street scene and visual amenities of the locality and is therefore contrary to Policies BE1, BE13, BE18 and PPG19.

Attention is drawn to the following directives:

1. The Assistant Chief Executive Legal and Governance has been authorised to take all necessary steps, including enforcement action and the institution of legal proceedings, if necessary, to secure the removal of the unauthorised signage. The Local Planning Authority will be writing separately on this matter.

98 Site Location

LOCATION AND PROPOSAL

The application site is located on the corner of West Street and Eldon Street and is a three storey pitched roof building. The ground floor is occupied by a Bar (use class A4) and the upper floors are used as offices.

This application seeks retrospective advertisement consent to retain the following advertisements:

1. Internally illuminated box sign located above the main entrance to the bar wrapping the Eldon Street and Westhill Lane elevation’s comprising of a 500mm by 5000 mm burgundy Perspex box with white lettering. 2. A repeat of sign one, although reduced in size to 500 mm by 2800 mm, located on the West Street frontage.

The application site is located in the Primary Shopping Zone and Area of Special Character as defined in the adopted Sheffield Unitary Development.

The locality is characterised by a mix of retail, food and drink uses.

RELEVANT PLANNING HISTORY

07/02519/FUL - Erection of new shop front to public house (in accordance with amended plans received 22/08/07) – Granted Conditionally.

08/02999/FUL - Provision of security roller shutters to premises – Invalid.

SUMMARY OF REPRESENTATIONS

No letters of representation have been received

PLANNING ASSESSMENT

Policy Issues

Policy BE1 ‘Townscape Design’ advises that a high quality townscape will be promoted with a positive approach to conservation and a high standard of design.

Policy BE13 ‘Advertisements’ states that fully internally illuminated advertisements will only be permitted if they would not be a traffic hazard, not harm the living conditions or character or appearance of the area due to their size, colour or intensity of light, and are located outside of conservation area and areas of special character.

BE18 ‘Development in Areas of Special Character’ seeks to ensure new development respects the appearance and character of the area.

PPG 19: Outdoor Advertisement Control states that the display of outdoor advertisements can only be controlled in the interests of amenity and public safety. In assessing public amenity PPG 19 clarifies that Local Planning Authorities should have regard to its effect on the appearance of the building or on the visual amenity in the immediate neighbourhood where it would be displayed and the impact it would have, including cumulative effect on the surroundings.

In respect of public safety this primarily relates to the safe use and operation of any form of traffic or transport. Given the commercial location where a majority of properties have some form of advertisement public safety is not considered an issue.

It is therefore a matter of amenity and the impact the proposed signage has on the character and appearance of the building and visual amenities of the area. In this respect it is considered the signage fails to have regard to the character and appearance of the building and visual amenities of the locality. The application states the proposed signs are internally illuminated by fluorescent tubes. In

100 principle fully internally illuminated signage within areas of Special Character is considered contrary to policy BE13 ‘Advertisements’.

As designed the signage is positioned above the shop front fascia located approximately 3.1 metres from the ground. Given this elevated position the signage appears prominent and discordant feature on the building which detracts from the character and appearance of the streetscene. The property has a substantial fascia above the shop front which could accommodate the signage negating the need for it to be located at a higher level. The sign located on the corner of the building wraps around both the Eldon Street and Westhill Lane elevations. The size and box design of the signage detracts from the simple character and appearance of the building. The building currently accommodates an existing fascia sign and projecting sign at first floor level. Given the elevated height of the proposed advertisements the additional signage is considered to add unacceptable advertisement clutter.

The signage is considered to be of a size, design and position detracts from the character and appearance of the building and visual amenities of the locality.

ENFORCEMENT

Members are requested that the Assistant Chief Executive Legal and Governance be authorised to take all necessary steps including enforcement action , the institute of legal proceeding if necessary, to secure the removal of the unauthorised signage at the Jacosa Bar, 141 West Street, Sheffield S1 4EW.

SUMMARY AND RECOMMENDATION

Accordingly given the site’s location within an area of special character, its prominent corner location and the existing signage on the building, it is considered that the signage by reason of its size, position, design and illumination detracts from the character and appearance of the building and visual amenities of the streetscene. The development is therefore considered contrary to policies BE1, BE13, BE18 of the UDP and adopted national planning guidance contained in PPG 19.

The application is recommended for refusal for the reason stated above.

101

Case Number 08/02845/FUL

Application Type A Full Planning Application

Proposal Erection of 5 flats and 1 retail unit in one block and provision of associated car parking facilities, landscaping works and amenity areas (Resubmission 07/03344/FUL) (As amended by plans dated 04/08/2008)

Location Site Of 347 Handsworth Road Handsworth Sheffield S13 9BP

Date Received 29/05/2008

Team CITY CENTRE AND EAST

Applicant/Agent SEA Planning Limited

Recommendation GRA GC subject to Legal Agreement

Subject to:

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

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

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

Windows Window reveals Doors Eaves and verges Brickwork detailing Balconies

102 Entrance canopy

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

In order to ensure an appropriate quality of development.

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

In the interests of the amenities of the locality.

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

In the interests of the amenities of the locality.

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

To ensure satisfactory drainage arrangements.

7 No buildings/structures shall be erected within three metres of the public sewer.

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

9 Before the development is commenced, details of the proposed surfacing, layout and marking out of the car parking accommodation shall have been submitted to and approved in writing by the Local Planning Authority. The development shall not be used unless the car parking accommodation has been provided in accordance with the approved plans and thereafter such car parking accommodation shall be retained for the sole use of the development hereby permitted.

103

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

10 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.

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

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

12 Before the development is commenced, full details of suitable and sufficient cycle parking accommodation within the site shall have been submitted to and approved in writing by the Local Planning Authority and the development shall not be used unless such cycle parking has been provided in accordance with the approved plans and, thereafter, such cycle parking accommodation shall be retained.

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

13 At all times that construction works 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.

14 The development shall not be used unless the visibility splays, as indicated on the approved plans, have been provided. When such visibility splays have been provided, thereafter the visibility splays shall be retained and no obstruction to the visibility splays shall be allowed within the visibility splay above a height of 1 metre.

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

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

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

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

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

16 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.

17 The shop unit shall only be used for purposes falling within Use Class A1 of the Use Classes Order 2005.

To define the use of the proposed shop.

18 The windows on the elevations of the development facing south east to No. 349 Handsworth Road and north west to No. 343 Handsworth Road shall be glazed with obscure glass to a minimum privacy standard of Level 4 Obscurity and shall not at any time be glazed with clear glass without the prior written agreement of the Local Planning Authority.

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

105 Attention is drawn to the following justifications:

BE5 - Building Design and Siting S7 - Development in District and Local Shopping Centres S10 - Conditions on Development in Shopping Areas H15 - Design of New Housing Developments

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

Attention is drawn to the following directives:

1. It is noted that your planning application involves the construction or alteration of an access crossing to a highway maintained at public expense.

Assistant Head of Highways Development Services Howden House 1 Union Street Sheffield S1 2SH

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

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

106 from Construction and Demolition Sites is available from the Environmental Protection Service, 2-10 Carbrook Hall Road, Sheffield, S9 2DB: Tel - 0114 2734651.

107 Site Location

INTRODUCTION

This application represents a revised proposal to one submitted last year, reference number 07/03344/FUL, which was refused under delegated powers.

LOCATION AND PROPOSAL

The application site consists of land between Handsworth Road and a vehicle access off Hendon Street to the north east. On the Handsworth Road frontage is a two storey rendered building including a shop and flat above. As the site is lower than the highway the rear of the building is less than two storeys high with a ‘cats- slide’ roof accommodating the change in levels. Either side of this building is a pub to the north west and a shop and store to the south east. These buildings are

108 mainly two storey and the pub has a 1.5 storey extension along the common boundary with the shop.

The remainder of the site is overgrown with some tipping having taken place on it. There is a stone wall to the south east and a 1.5 metre high wooden fence to the pub. At the bottom end of the main site area is a narrow strip which projects to the north west behind the pub grounds and includes a single garage, and to the south east leading to Hendon Street. This latter piece of land also provides vehicular access to the rear of houses on Hendon Street /Hall Road. Due to the fall in land to the east these houses are two storey to the highway and three storeys to the rear.

It is proposed to demolish the existing shop and flat and erect a three storey building containing five one bedroom flats and a new shop unit fronting Handsworth Road. The elevation of the building fronting Handsworth Road includes the shop front, a floor above containing a one bedroom flat and a steep sloping roof also with a one bedroom flat in it. A shallower slope from the ridge of this roof drops to a flat roofed section beyond which is a further pitched roof. Facing materials are stone on the Handsworth Road elevation and on the indented side sections by the flat roofed section. The remainder of the elevations are brick clad. A flat tile or a slate is proposed for the roof.

Habitable room windows are on the front and rear elevation, with those in the front roof being velux windows. All windows on the side elevations are secondary or to non habitable rooms.

To the rear will be an amenity area and beyond that are two parking bays. A further five bays are located on the land off Hendon street, the garage being demolished. Pedestrian access is off Handsworth Road with a pathway running alongside the south western side of the building leading to the main entrance on the side of the building and to the rear car park. A cycle park is to be located close to the main entrance.

RELEVANT PLANNING HISTORY

07/03344/FUL; Planning approval was refused with delegated powers for a three storey building containing of six , two bedroom flats with associated Parking, 22/11/07

06/04360/FUL; Planning approval was granted for a three storey block of three, two bedroom flats to the rear of the existing shop, 05/02/07

03/04002/OUT; Outline planning approval was granted for the erection of a three storey block of flats, 26/04/06

02/01798/FUL; Planning permission was refused for a change of use of the shop fronting Handsworth Road to a café/bar in 2002 and subsequent appeal dismissed in 2003.

109 SUMMARY OF REPRESENTATIONS

One letter and one email have been received containing concerns about the proposal. Issues raised are;

- The proposal will overlook the rear of house on Hall Road resulting in a loss of privacy. This is compounded by proposed raised decking to be built to the rear of the pub. - Loss of trees indicated on landscape details which currently also act as a screen to the pub. - The proposal will not benefit the community. Elderly residents in the area will suffer from noise and dust during development. - Increased traffic generated by the proposal will change the nature of Hall Road and be a traffic hazard.

PLANNING ASSESSMENT

The site falls within the Handsworth Local Shopping Area, Policy S7 in the Unitary Development Plan includes housing as an acceptable use, this is subject to any such development meeting the criteria in Policy S10. It should also be taken into account that approval for a small block of flats has already been approved to the rear of the site. Policy H15 ‘Design of New Housing Developments’ is also relevant as is BE5 ‘Building Design and Siting’. Government Guidance in PPS3 encourages development on brownfield sites such as this site.

Design Issues

The proposed three storey block that was refused planning permission, 07/03344/FUL, consisted of a building that had a three storey gable end elevation fronting Handsworth Road. The shop was to be demolished as the applicant had advised that a survey of the building had revealed that it was in poor condition. A previous approval, 06/04360/FUL, had retained the shop and included a three storey block of three flats to the rear of the site. The refused proposal was unacceptable as it was considerably larger than the previous approval. The demolition of the shop and the gable end fronting Handsworth Road would have adversely affected the character of that part of Handsworth. It would have resulted in long, largely unrelieved side elevations close to adjacent boundaries, the building being over dominant in relation to adjacent buildings. Occupiers of the flats would have suffered loss of amenity as two sets of habitable room windows faced each other on the side elevation and would also have overlooked adjacent land and adequate amenity space was proposed.

The current application has been revised with details taking into account the concerns of the Local Planning Authority. In terms of design a shop has been re- introduced and the Handsworth Road elevation has been altered to be more in scale and in character with surrounding buildings. This has been achieved by having a sloping roof facing the highway with the roof ridge of a similar height to surrounding buildings, bringing the building close to the back edge of the highway footpath and including materials in keeping with the area such as stone frontages and brick side elevations. Some amendments have been made to the front

110 elevation since submission to make all the first floor windows the same style and provide a traditional shop front. The end of the proposed building is more in line with the end of the rear pub extension and outbuildings on the boundary of the adjacent shop unit.

The change in roof profiles, including a short flat roof allows transition to a higher pitched roof on the rear section and provides adequate head room for the front flats. This change is emphasised by a section of stone cladding which breaks up the long side elevations. Windows on these sides add further detailing and interest. Although there is a difference in roof slopes the relationship of the sections of the building to the street and their design is not considered to adversely affect the street scene due to this break up in the roof line.

Amenity Issues

The refused proposals included two bedroom flats, the second bedroom having windows indented in a side section which faced each other with less than 5.5 metres separation. These windows also overlooked the adjacent public house. The current application also proposed two bedroom flats on the rear section, the second bedroom having windows that overlooked the land to the south east, to the rear of the existing shop. This was not considered acceptable and the applicant has changed the second bedroom to a dressing room. Other concerns arising from the refused proposal was a ground floor flat close to the highway and a restricted area of private amenity space (32 sq metres) for six two bedroom flats. These issues have been addressed by replacing the ground floor flat with the shop and enlarging the amenity space to approximately 60 sq metres for five one bedroom flats. This extra space has been achieved by bringing the building closer to Handsworth Road.

As stated above a public house is situated to the north west of the site. This pub has late night opening to 01.30 hours Friday to Saturday and 00.30 hours other times plus an approved outside seating area. It is considered that the public house could give rise to noise nuisance and thus sound attenuation measures to windows will be conditioned.

To the north east are the rear elevations of houses that front Hendon Street and Hall Road. The closest windows on these houses to the site are on the gable end of no1 Hendon Street which is 27 metres away and at an angle to the site, and 29 metres to the rear of 5 Hendon Street. There is 32 metres separation to 23 Hall Road which is a commercial business. Although the proposal is three storeys high and the rear of houses on Hendon Street are lower than the site these separation measurements are greater than the minimum distances normally required between habitable rooms in dwellings, i.e. 21 metres for two storeys and 24 metres for three storeys. Approved application 06/04360/FUL would have brought development much closer to the existing houses being located to the back end of the site. It is thus not considered that adjoining local residents or occupiers will be overlooked or suffer from over-domination.

Reference is also made to the loss of a tree acting a screen. There are no large trees on the site which could have provided this screening. Development will give

111 rise to some noise and disturbance but this can be controlled by the Environmental Protection Service of the Council.

Highways Issues

The proposal includes seven parking spaces, two of which are to disabled access standard, for five one bedroom flats. These details are adequate for the proposal. It should also be taken into account that the principle of access off Hendon Street has already agreed in the approved three storey block of flats. Traffic generated by the proposal is not considered to significantly add to traffic flows on that highway. A cycle shelter is proposed close to the entrance to the flats. Similar to a previous approval the bin store is located close to Handsworth Road.

Sustainability Issues

The site is located on a public transport corridor with frequent bus services on Handsworth Road. It is also within a local shopping centre approximately 700 metres from a large supermarket.

Access Issues

The Disability Discrimination Act requires that the development should be accessible to at least the standards of Part M of Building Regulations. There is no lift provided but access to the ground floor is relatively level. As stated above two disabled parking spaces will be provided. There is space within the site for turning and to allow access for other shared rights of way.

Open Space

The catchment area of the site is below the minimum guideline requirements for informal and formal open space. Thus a contribution for the enhancement of off- site open space will be required as per Policy H16 ’Open Space in New housing Areas’. The applicant has agreed to pay the sum of £2,343.25 for open space enhancement

RESPONSE TO REPRESENTATIONS

The majority of issues raised are dealt with within the assessment. Reference is also made to the proposal not being a benefit to the area, only to the applicant. The majority of residential accommodation in the area is in the form of dwellinghouses, apart from flats on Hendon Street and Handsworth Road. The proposal is considered to add to the mix of housing types in the area and to bring improvements to derelict rear garden area.

SUMMARY AND RECOMMENDATION

The principle of residential development on the site has been established by an earlier approval but this was only a three storey block of three two bedroom flats located at the back of the site, the shop building being retained. A subsequently submitted larger scheme including demolition of the shop was refused as it was

112 considered too large, out of character with the area and would have adversely affected the amenities of occupiers of the proposed flats and adjoining occupiers.

The proposal which is the subject of this application has been designed to meet these concerns. That is, the shop unit has been replaced and the frontage has details more in character with the area, habitable rooms only face to the front and rear and do not overlook other sites and there is adequate private amenity space. Separation distances between the proposal and existing houses prevents overlooking and over-dominance. The rear of the site is unkempt site and considered to be brownfield in keeping with Government Guidance PPS3 for residential development. Highways and access details are acceptable for the scale of the proposal.

Taking the above into account the proposal is considered to concur with Policies B5, S7, S10 and H15 of the Unitary Development Plan. It is therefore recommended that the Area Board approve the application subject to the listed conditions and the signing of a Unilateral Agreement.

HEADS OF TERMS

The developer shall contribute the sum of £2,343.25p towards the enhancement of open space, within the vicinity of the site in line with the Supplementary Planning Guidance.

113

Case Number 08/02458/LBC

Application Type Listed Building Consent Application

Proposal Demolition of existing glass atrium and alterations and change of use of the premises to Classes D1 (non- residential institution) to include art gallery, non- residential education space, exhibition space with ancillary retail (Class A1), ancillary performance space (sui-generic), B1 Business (to include office and light industry appropriate in a residential area) and Class A3 (Cafe for the sale of food and drink on the premises)

Location 36-40 Bank Street Sheffield S1 2DS

Date Received 14/05/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mr John Clark

Recommendation Grant Conditionally

Subject to:

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

In order to comply with the requirements of the Planning (Listed Buildings and Conservation Areas) Regulations 1990.

2 This development shall be carried out in complete accordance with the approved plans 0802 001 - 005 Rev A and 0802 010 Rev B, 0802 011 Rev B, 0802 012 Rev A, 0802 013 Rev A, 0802 014 Rev A, 0802 015 Rev B received on 23rd July 2008 unless otherwise authorised in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

3 Before the development is commenced details of proposed new surface to the external courtyard, to include manufacturers details of flagstones as appropriate, 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.

114 In order to ensure an appropriate quality of development.

4 Details of the extent and specification of brick/stone repair and cleaning and details of repairs required following the removal of the glass atrium shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of works and shall thereafter be carried out in accordance with the approved details.

In order to ensure that the fabric of the building is not damaged

5 Masonry shall be pointed or bedded using a lime mortar mix that is weaker than the surrounding masonry. The colour of the new mortar, which should match the original mortar before weathering, should be achieved by the use of appropriate sand. No propriety coloured mixes of pigments shall be used. The joints should be finished flush then brushed back to expose the aggregate and the edges of the adjacent stone. On no account should the joints be struck or finished proud of the masonry face to form strap or ribbon pointing or feathered over the edge of eroded blocks. A sample panel of proposed pointing shall be approved by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

6 There shall be no replacement, alteration or repair of any part of the original roof structure without the prior approval, in writing, of the Local Planning Authority of details of timbers to be removed, altered and repaired and details and specifications of all new replacement timber members.

In order to ensure that inappropriate alterations are avoided

7 All the rainwater gutters, downpipes and external plumbing shall be of cast iron or cast aluminium construction and painted black unless otherwise agreed in writing by the Local Planning Authority. Gutters shall be fixed by means of hangers and brackets and no fascia boards shall be used.

In order to ensure an appropriate quality of development.

8 Prior to the commencement of development, the details, specifications and finish of the following new windows and doors (to include sections and elevations) shall be submitted to and approved in writing by the Local Planning Authority:

(i) Lower ground floor window to the courtyard elevation (north facing) (ii) Second floor windows to the courtyard elevation (north facing); (iii) Double doors to the west facing courtyard elevation; (iv) Ground floor window to the east facing atrium elevation

Drawings shall be of a minimum of 1:10 scale and shall include details of proposed section sizes at a minimum of 1:1 scale. Details shall include: reveal depths, double-glazing, secondary glazing, shutters, mouldings,

115 architraves, location of trickle vents as appropriate. Thereafter the development shall be carried out in accordance with the approved details

All other existing windows and front doors to Bank Street shall be retained and repaired unless otherwise approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

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

Balconies Spiral staircases Serving hatch to lower west facing elevation Wrought iron gate between Nos. 40 and 42 Bank Street Fixed glazed panel and new sliding bunching glass doors to main entrance

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

In order to ensure an appropriate quality of development.

10 Before the development commences, details of all new joinery and timber structural elements and/or the repair, alteration or replacement of existing timber elements (including roof and floor timbers, partitions, stairs, balustrades, screens, wainscoting) shall have been approved in writing by the Local Planning Authority. Thereafter, the development shall be carried out in accordance with the approved plans.

In order to protect the character of the original building.

11 Before the development commences a schedule of all fixtures and fittings, with a photographic record, and details of their retention, repair, removal or relocation, to include details of fireplaces, cornices, skirtings, architraves, dados etc as relevant shall be approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved schedule.

In order to protect the character of the original building.

12 Before the development commences details of how any of the fixtures and fittings identified in Condition 9 above are to repaired, replaced, altered, reproduced and protected during building works shall be approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details

In order to preserve and enhance the character of the Conservation Area

116 13 Before the development commences, the design and location of all new internal and external light fittings shall have been approved in writing by the Local Planning Authority. Thereafter the development shall be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

14 Before the development commences, details of the location, specification and appearance of all new services to the building (including meter boxes, outlets and inlets for gas, electricity, telephones, security systems, cabling, trunking, soil and vent stacks, fresh and foul water supply and runs, heating, air conditioning, ventilation, extract and odour control equipment, pipe runs and internal and external ducting) shall have been approved in writing by the Local Planning Authority.

In order to ensure an appropriate quality of development.

15 Prior to the commencement of development, details of measures for the repair of the main front entrance to Bank Street following the removal of the existing front step to allow level threshold access shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

Attention is drawn to the following justifications:

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

IB7 - Development in Business Areas BE5 - Building Design and Siting BE7 - Design of Buildings Used by the Public BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings

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

Attention is drawn to the following directives:

117 application forms. Printable forms can be found at www.sheffield.gov.uk/planning or apply online at www.planningportal.gov.uk.

118 Site Location

For report see 08/02457/FUL.

119

Case Number 08/02457/FUL

Application Type A Full Planning Application

Location 36-40 Bank Street Sheffield S1 2DS

Date Received 14/05/2008

Team CITY CENTRE AND EAST

Applicant/Agent Mr John Clark

Recommendation Grant Conditionally

Subject to:

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

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

2 The use of the premises shall be in accordance with Class D1 (non- residential institution) to include art gallery, non-residential education space, exhibition space with ancillary retail (Class A1) and performance space (sui- generic), Class B1 Business (office and light industry appropriate in a residential area) and Class A3 (Cafe for the sale of food and drink on the premises) of the Town and Country Planning (Uses classes) Order, 1987.

In order to define the permission.

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

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

4 No amplified sound or live music shall be played either within or without the premises nor shall loudspeakers be fixed at any time outside the building.

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

5 The internal courtyard shall not be used for external cafe seating as shown on the approved plans or any other purpose related to the use of the premises on any Sunday or any Public Holiday and shall be used only between 1000 hours and 1800 hours on any other day unless otherwise approved in writing by the Local Planning Authority.

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

6 The uses hereby approved within the building as defined in Condition 2 shall not be used on any Sunday or any Public Holiday and shall be used only between 0800 hours and 2000 hours on any other day unless otherwise approved in writing by the Local Planning Authority.

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

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

In the interests of the amenities of the locality.

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

121

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

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

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

10 No movement, sorting or removal of waste bottles, materials or other articles, nor movement of skips or bins shall be carried on outside the building within the site of the development between 2300 hours and 0700 hours.

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

11 The shall not be used unless the access and facilities for people with disabilities shown on the plans have been provided in accordance with the approved plans and thereafter such access and facilities shall be retained.

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

12 Before the development commences, details of the design and location of all new internal and external signs shall have been approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

13 Notwithstanding the approved plans and the proposed use of part of the lower ground floor as a cafe within Use Class A3 of the Town and Country Planning (Use Classes) Order 1987 (as amended), the premises shall serve only beverages and cold food in accordance with the applicant's letter dated 17th June 2008.

To protect the amenities of the adjoining occupiers and on the basis of the lack of provision for fume extraction.

14 Prior to the commencement of development, further details of the layout and position of tables and chairs within the internal courtyard to be used in association with the ground floor cafe use shall be submitted to and approved in writing by the Local Planning Authority. Such a layout must ensure that external seating is not located immediately adjacent to the windows of No.42 Bank Street. The development shall then be implemented in accordance with the approved plans and thereafter retained.

122 To protect the residential amenity of the adjacent occupier.

Attention is drawn to the following justifications:

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

Attention is drawn to the following directives:

2. The applicant is advised that the signage indicated on the submitted drawings is not approved as part of this permission and will require separate Advertisement Consent. To discuss arrangements for obtaining such consent, and to request application forms, the applicant should contact Development Control Section, Development Services, on Sheffield (0114) 2734215 or go to www.sheffield.gov.uk/in-your-area/planning-and-city- development

123 Site Location

LOCATION AND PROPOSAL

The application site relates to the properties with the given address of Nos. 36-40 Bank Street; this actually comprises two rows of three terraced houses separated by two internal courtyards. The group to the north comprises Nos. 36-40 Bank Street, a terrace of three properties that form part of a large row of buildings extending from Nos. 18-44 Bank Street, all of which are Grade II listed. The rear terrace comprises Nos. 32, 34 and 40a Bank Street that fronts onto Scargill Croft and the Magistrates Court; the rear terrace is not listed. The main internal courtyard is situated to the rear of Nos. 40 and 42 Bank Street (the neighbouring building) and Nos. 34 and 40A. This is presently an open courtyard with a modern bridge and timber deck access across the courtyard between the front and rear terrace. This access comprises a number of steps and changes in level to provide a link across at ground level. The remainder of the courtyard is largely paved and

124 lies at the lower ground level. Within this courtyard, to the rear of part of Nos. 34 and 40A Bank Street, is a modern conservatory structure at ground and first floor level. The second smaller courtyard lies to the rear of Nos. 32 and 36 Bank Street and has been enclosed to create an atrium. Within the building and across the site there are a number of level changes such that it comprises accommodation at lower ground and ground floor level to both the front and rear buildings with the front buildings at Nos. 36-40 Bank Street encompassing further accommodation at first and second floor level. The premises are currently vacant but were previously in office use by a single occupier who constructed the conservatory, atrium and link bridge. Pedestrian access to the properties is solely from Bank Street.

The surrounding area is mixed in character. No.42 Bank Street immediately adjoins the site to the north and east and shares a pedestrian access between the two properties from Bank Street to the large internal courtyard with access for bin storage. Consequently, the rear windows of No.42 directly overlook the courtyard. This property is presently in residential use. Beyond No.42 the surrounding area is predominantly in commercial use.

This application seeks full planning and Listed Building Consent for the demolition of the modern conservatory within the main internal courtyard and the removal of the steps and timber bridge structures in the courtyard and alterations and change of use of the premises to form an Arts Centre and ancillary facilities to include functions within Use Class D1 (non-residential institution) to include art gallery, non-residential education space, exhibition space with ancillary retail (Class A1), ancillary performance space (sui-generic), B1 Business (to include office and light industry appropriate in a residential area) and Class A3 (Cafe for the sale of food and drink on the premises) of the Town and Country Planning Use Classes Order 1987 (as amended).

The applicant (Bank Street Arts) seeks to create a new art complex to provide affordable studio space (as defined by the National Federation of Artists’ Studio Providers) and office space for artists, designers, film-makers and jewelers etc with associated gallery and exhibition/performance spaces, an education space, ancillary retail accommodation and a café. The application seeks to alter the building to meet these objectives in the following manner: i. Removal of the modern conservatory to the rear of part of Nos. 34 and 40A Bank Street to create a larger courtyard space and the repair of the rear facades of these premises; ii. Removal of the existing steps and bridge structures within the main internal courtyard and a return to its original lower ground level with new landscaping, stone flags and external café seating; new access arrangements between lower ground and ground level will be secured by means of a spiral steel staircase at the end of the pedestrian route between Nos. 40 and 42 Bank Street with a projecting balcony to the rear of No.42 to provide this property with a replacement bin store; iii. At lower ground, the application seeks a change of use of the existing office space to provide general arts space to the front row of buildings to Bank Street and education and office space to the rear terrace. An existing kitchen with natural ventilation is retained. New works at the lower ground floor comprise the installation of a servery within part of No.34 Bank Street and the installation of new

125 double doors to the courtyard as well as a new door between the servery area and the enclosed atrium courtyard and use of part of the ground floor as a café. The applicant has advised that it is proposed to sell only sandwiches, other cold food and tea and coffee at this stage for which there is no specific requirement for an extraction system. A new platform lift is to be installed within the atrium and the floor level in the atrium raised to that of the rear terrace to provide level access. An accessible W.C. is also provided; iv. At ground floor, the application proposes change of use of the rooms within the front terrace to gallery/performance space and the continued use of the rear terrace as B1 accommodation (office and light industry appropriate in a residential area) as existing. Structurally, the application proposes the removal of the stone step to the main front entrance and the installation of new sliding glass doors within the building with a 1:12 ramp to provide a level threshold; v. At first and second floor level within the front row of properties the application proposes the continued use of the accommodation as B1 space. The original submission proposed a change of use to provide residential accommodation at this level but the applicant has since revised this proposal to retain the commercial space.

The majority of the external works to the premises comprise alterations to the non- listed facades to the rear terrace to include a new balcony access to the first floor (equivalent to the ground floor level of the front properties to Bank Street) and repair of the façade following removal of the conservatory. To the listed facades, no major alterations are proposed to the Bank Street elevation excluding the replacement of three windows at the lower ground and 2nd floor level of the north facing courtyard elevation, to be replaced in a style to match the existing building.

RELEVANT PLANNING HISTORY

The relevant planning history is summarised below:

88/01179/FUL: 32-40 Bank Street Alterations and extension to offices Approved: 20.06.1988

SUMMARY OF REPRESENTATIONS

The application was advertised by means of site notice, press notice and neighbour notification. One letter has been received form the adjoining residential occupier at No. 42 Bank Street who objects to the applications on the following grounds: i. The consultation refers to No. 36 Bank Street, which is misleading as the development affects Nos. 32, 34, 36, 38, 40 and 40a Bank Street; ii. The application does not represent a sympathetic alteration to a Listed Building as the external existing structures (within the courtyard) consist of wood and demolition of these and construction of metal stairs would create an eyesore;

126 iii. The removal of the existing levels will create a pit in a courtyard and it is considered that the applicant only wants to change the levels because he needs to create a door to the café without changing the internal levels; iv. The existing use of the garden area (courtyard) is exactly that and ‘has use of access and ingress to the back buildings’; v. The ‘existing use of A2 is in keeping with the listing and the proposal is a commercial intrusion into residential accommodation’. vi. There is no kitchen or provision for the removal of waste from the kitchen; vii. The external seating will look into the kitchen window of No.42; viii. The café will create excessive noise amplified from the courtyard; ix. No mention of opening hours x. What about an alcohol licence, music and dance etc.

Statutory representations:

English Heritage have written to advise that they do not wish to comment on this occasion and consider that the applications can be determined in accordance with national and local policy guidance and on the basis of the Council’s specialist conservation advice.

Conservation Advisory Group

The Group had no objection, in principle, to the development and felt that its design and scale were appropriate.

PLANNING ASSESSMENT

The application proposes alterations to and the conversion of Nos. 32, 34, 36, 38, 40 and 40a Bank Street to create a new Arts complex. The principle issues to consider in the determination of this application include the following:

1. Principle of development: Policy and land use; 2. Impact on the Grade II Listed building; 3. Impact on the City Centre Conservation Area; 4. Accessibility. 5. Transport.

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

Policy and Land Use

The application site is designated as a Business Area within the Adopted Unitary Development Plan. Policy IB7 of the UDP determines that business (Use Class B1) is the preferred use with a range of other uses including food and drink (Use Class A3), small scale retail (Use Class A1) community facilities and institutions (Use Class D1), which include art galleries and exhibition halls, leisure and recreation (Use Class D2) also deemed acceptable. This application proposes a mix of uses comprising predominantly business (B1), gallery/exhibition space (D1), ancillary retail space (A1) and a café (A3), all of which are identified as preferred or

127 acceptable uses within Policy IB7. It is noted that the applicant also seeks a flexible use of the main ground floor gallery as performance space (sui-generic) but this is deemed to be of a scale to be ancillary to the main use of the building as an Arts Centre. On this basis, the principle of the development is consistent with the relevant UDP policy and is therefore considered acceptable.

It is also relevant to note that the application site falls within the Cathedral Quarter as defined within the Council’s Urban Design Compendium. The Cathedral Quarter Action Plan was published in 2004 and is a material consideration in the determination of planning applications. The key objectives identified within the Action Plan highlight the long-term vision for the Quarter to create a predominantly business area but with more people living, working and visiting the Quarter and thus it also seeks the promotion of high-quality mixed-use developments with a more diverse mix of uses in the area, an objective with which this application is deemed consistent.

Impact on the Grade II Listed Building

Policy BE15 advises that buildings and areas of special architectural of historic interest will be preserved or enhanced and development that would harm their character of appearance will not be permitted. Policy BE19 requires that internal and external alterations and new buildings within the curtilage of Listed Buildings should preserve the building’s character, appearance and setting. These policies reflect guidance contained in Planning Policy Guidance Note 15: Planning and the Historic Environment and S66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which states that in considering whether to grant planning permission for development which affects a Listed Building or its setting, the local planning authority must have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Within this application it is only the front row of three terrace properties at Nos. 36, 38 and 40 Bank Street that are Grade II Listed; it is also the case that the properties have been substantially altered previously such that there are very few historic features (e.g. fireplaces, original skirting) remaining. However, within these buildings, the application seeks very minimal structural alterations as detailed in the report above. The majority of existing windows are to be repaired and retained and where new windows and doors are required to the internal courtyard elevation, a condition is proposed to require details of new windows and doors to be submitted to ensure that they correspond to the existing historic style. The application proposes to remove the modern conservatory attached to the facade of the rear row of properties as well the removal of the modern timber and brick link access within the large internal courtyard. These elements both represent modern intrusions to the buildings and whilst their demolition does not specifically require planning or listed building consent, it is concluded that this proposal will enhance the setting of the Listed Buildings, particularly as the courtyard will be re-paved with stone flags and landscaped. Subject to the imposition of conditions requiring details of new windows and doors, details of repairs to the external façade and a photographic record of features within the building with details of their repair as appropriate, it is considered that the proposed application will preserve the

128 character and appearance of the Listed Buildings as well as their setting, in accordance with Policies BE15 and BE19 of the UDP and advice within PPG15.

Impact on the City Centre Conservation Area

Policy BE16 relates specifically to development in Conservation Areas and advises that permission will only be granted for proposals where it would preserve or enhance the special character or appearance of the Conservation Area. In Conservation Areas and Areas of Special Character, Policy BE17 advises that a high standard of design using traditional materials and a sensitive and flexible approach to the layout of buildings and roads will be expected for new buildings.

This application proposes no significant alterations to the external appearance of the building within the City Centre Conservation Area. However, it will result in the re-use of a building and the creation of an active ground floor frontage, which, it is considered will enhance the special character of the Conservation Area in accordance with Policies BE16 and BE17 of the UDP.

Accessibility

Policy BE7 of the UDP relates to the design of buildings used by the public and advises that in all such buildings, provision will be expected to allow people with disabilities safe and easy access to the building and to appropriate parking spaces.

The application site comprises a number of complex historic buildings that function over a number of different levels due to their character and original structure. As part of this application, the applicant has sought as far as possible to ensure that the premises are accessible and has liaised with the Council’s Access Officer in this regard. Consequently, the application includes the removal of the existing stone step to the front entrance at No.36 Bank Street and the introduction of a level threshold created by the installation of an internal ramp and new glazed sliding doors within the entrance area, as well as the provision of a new platform lift within the atrium courtyard, which will secure access to the ground and lower ground levels within the front terrace and the lower ground at the rear. The first and second floor levels within the Listed front terrace comprises a series of steps and level changes and it has not been practical to secure full access to this section of the building. Overall, however, it is considered that the application has sought to allow people with disabilities safe and easy access to the building as far as practicable, in accordance with Policy BE7.

Transport

Policy T21 of the UDP advises that provision will be made for car parking where it would meet the operational needs of businesses, is essential for the viability of new developments and provided that it complies with Parking Guidelines. This application is located within the City Centre in close proximity to a multi-storey car park and metered on-street parking. There is no parking provision specific to the proposal but such parking is not considered necessary given its central and accessible location and on this basis, the application is considered to be consistent with Policy T21.

129

RESPONSE TO REPRESENTATIONS

In response to the representations received from the adjoining occupier at No. 42 Bank Street:

The consultation refers to No. 36 Bank Street, which is misleading as the development affects Nos. 32, 34, 36, 38, 40 and 40a Bank Street: It is acknowledged that the application affects the properties at Nos. 32-40a (even) Bank Street rather than solely Nos. 36-40 Bank Street. However, it is clear that adjoining properties have been consulted directly on this application and have therefore had the opportunity to comment on the proposals. Indeed, No.30 adjoins both the front and rear terrace and it is considered that they will be aware of the relationship between the front and rear properties.

The application does not represent a sympathetic alteration to a Listed Building as the external existing structures (within the courtyard) consist of wood and demolition of these and construction of metal stairs would create an eyesore: This is addressed in the report above; the wooden structures are a modern addition and do not, in the view of the Local Planning Authority, enhance the character of the Listed Building.

The removal of the existing levels will create a pit in a courtyard and it is considered that the application only wants to change the levels because he needs to create a door to the café without changing the internal levels: It is considered that the proposals for the courtyard will restore it to its original levels and the proposed stone flags and landscaping will enhance the appearance of this space.

The existing use of the garden area (courtyard) is exactly that and ‘has use of access and ingress to the back buildings’: The issue of rights of access to the courtyard for No.42 Bank Street is a matter between the objector and the applicant.

The ‘existing use of A2 is in keeping with the listing and the proposal is a commercial intrusion into residential accommodation’. The existing use of the premises is actually Use Class B1: Business and light industry appropriate to a residential area. As set out in the report, the proposed uses are fully consistent with current policy within the Adopted Unitary Development Plan and Cathedral Quarter Action Plan.

There is no kitchen or provision for the removal of waste from the kitchen: There is an existing kitchen with natural ventilation at lower ground floor level, which is to be retained, but the applicant seeks at this stage to provide only cold food (e.g. sandwiches) and teas and coffees, from the servery. This falls within the definition of a café (Use Class A3) on the basis that seating is provided for consumption of food and drink on the premises. In the event that the food provision is expanded in the future, a condition is proposed requiring details of any subsequent extraction to ensure no impact on the adjoining occupier or Listed Building. A condition is also proposed requiring details of refuse and recycling as the applicant will be unable to store bins on the adjacent highway.

130 The external seating will look into the kitchen window of No.42: The seating, as set out on the proposed lower ground floor plan, is located immediately adjacent to the servery and not adjacent to No.42.

The café will create excessive noise amplified from the courtyard: It is acknowledged that noise within a courtyard can be amplified and for this reason a condition is proposed restricting the use of the courtyard such that it shall not be used on any Sunday or any Public Holiday and shall be used only between 1000 hours and 1800 hours on any other day unless otherwise approved in writing by the Local Planning Authority. In the event that an extension to these hours is required, the applicant would need to apply to vary the condition, which would be subject to consultation with the adjoining occupier.

No mention of opening hours: To protect the amenity of adjoining occupiers, a further condition is proposed such that the premises shall not be used on any Sunday or any Public Holiday and shall be used only between 0800 hours and 2000 hours on any other day unless otherwise approved in writing by the Local Planning Authority. Again, in the event that an extension to these hours was required, the applicant would need to apply to vary the condition on which the adjoining occupier would be consulted.

What about an alcohol licence, music and dance etc: The serving of alcohol would be subject to a separate licence application and is not a matter for the planning application. With regard to music and dance, a condition is proposed to ensure that there is no amplified sound or live music from the premises.

SUMMARY AND RECOMMENDATION

This application will result in the re-use of a part-Listed and part-vacant premise within the Cathedral Quarter to enhance the vibrancy of the locality and create a more diverse mix. The introduction of an Arts Centre to include office and light- industrial appropriate to a residential area (Use Class B1), gallery and exhibition space, education space, ancillary performance and retail space and a café is entirely consistent with Policy IB7 of the Unitary Development Plan and is therefore considered acceptable in principle. The proposals are also sympathetic to the Listed Building(s) such that they will preserve their character and appearance and their setting, in accordance with Policies BE15 and BE19 of the UDP and advice within PPG15. It is also considered to enhance the character of the City Centre Conservation Area in accordance with Policies BE16 and BE17 of the UDP. The application also seeks to allow people with disabilities safe and easy access to the building as far as practicable in accordance with Policy BE7. In conclusion, it is considered that the proposal will contribute to the objectives of the Cathedral Quarter Action Plan in expanding the traditional business character of the Quarter whilst preserving the future viable use of these historic buildings. The application is therefore recommended for approval subject to conditions.

131

Case Number 08/02306/FUL

Application Type A Full Planning Application

Proposal Single-storey side and single-storey rear extensions to children's nursery for a maximum of 50 children (amended scheme as plans received 30.07.2008)

Location 4 Endcliffe Rise Road Sheffield S11 8RU

Date Received 28/04/2008

Team SOUTH

Applicant/Agent Mr G Garfitt

Recommendation Grant Conditionally

Subject to:

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

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

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

In the interests of the visual amenities of the locality.

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

In the interests of the visual amenities of the locality.

4 The building shall be used for the above-mentioned purpose only between 07:30 hours and 18:30 hours on any day.

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

5 The nursery use to be carried out in the building shall be restricted to a maximum of 50 children at any one time.

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

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

In the interests of the amenities of the locality.

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

The Travel Plan(s) shall include:

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

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

8 The building shall not be used unless the car parking accommodation for 4 cars as shown on the approved plans has been provided in accordance with those plans and thereafter such car parking accommodation shall be retained for the sole purpose intended.

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

133 9 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 D1.

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

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas BE7 - Design of Buildings Used by the Public CF1 - Provision of Community Facilities

Attention is drawn to the following directives:

134 Site Location

LOCATION AND PROPOSAL

The application relates to a three storey detached property fronting onto Endcliffe Rise Road. The property stands between No. 8 Endcliffe Rise Road, (an end of terrace property) and No. 25 Endcliffe Vale Road, a detached dwelling directly to the north. The building is located to the north east of the site with gardens extending to the rear and side. The property has an existing single/two storey extension to the rear, and has a double garage to the south west corner.

The character of the street scene consists of predominantly two and three storey residential dwellings. Properties within the vicinity are principally constructed from natural stone with slate roofs similar to the application property. The topography of the area falls from the junctions of Endcliffe Rise Road and Endcliffe Vale Road

135 down to Endcliffe Rise Road and Brocco Bank. The site also falls from the front down to the rear.

The site lies within a Housing Area, as allocated within the adopted Sheffield Unitary Development Plan. The Endcliffe Conservation Area is visible from the site and is located on the opposite side of Endcliffe Vale Road, approximately 20 metres away to the north.

Planning permission is sought to extend the existing building with a single storey side extension, and single storey rear extension to the existing children’s nursery. The application originally sought to provide nursery accommodation for 85 children. This has been reduced down to 50 places (as per the amended plans received 30.07.2008).

RELEVANT PLANNING HISTORY

A planning application was withdrawn in October 2007 which sought demolition of the existing building and erection of new building containing 9 no. two-bedroom flats. Application No. 07/03617/FUL.

Planning permission was granted in October 1989 for the use of the premises as a crèche/day nursery with one room for computer consultancy business. Application No. 89/01265/FUL.

SUMMARY OF REPRESENTATIONS

Original scheme

Following publicity of this application, 19 letters objecting to the scheme raise the following issues:

Nick Clegg MP

- The main concerns are the number of cars parking and the increase to the traffic in the area. - The extension would not only be over development of the area but of the site, and would leave little space outside for the children’s activities. - The number of trees which have been felled on the site have upset many local residents.

Councillor Scriven

- The area is adjacent to a Conservation Area and as such the extensions and development is out of keeping with the Conservation Area as it will be seen both from the Conservation Area and close to it. - The design of the development does not minimise the impact on the street scene. The footprint of the building has increase by 174% which is clearly too large to fit into the surroundings.

136 - The development completely destroys the green nature of the area through all the trees being cut down. The drawings include many trees but these are neighbours trees with there being none left on the site. - The application does not say how many children the nursery will cater for. Increasing its size by 2 or 3 times its existing capacity, creating a huge traffic, parking and congestion problems at peak periods of drop off times which the surroundings areas cannot deal with.

Other Representations

- The application represents a large increase in the size of the nursery - There will be an increase in traffic dropping off and picking up, on what is already a very busy road, with up to 150 children attending the nursery. - Where will the nursery staff park? - The development results in overdevelopment of a previously green oasis with up to 4 times the amount of development. - Work has already started on site - All of the trees on the site have been removed, if minded to grant permission there should be an obligation to re-instate the trees and shrubs that have been lost. - Building on the site will generate noise and unpleasantness for neighbours. There are ways of minimising this through an obligation to observe considerate construction practices and obey regulations as to disposal of building waste. - The expanse of the building along the back fence is such that the neighbouring terraces will have their current garden privacy invaded. - It is against the Councils aims of becoming a Cleaner, Greener and Safer City, and is a classic example of garden grabbing, which the council has adopted policies against. - The original nursery which opened in 1989 offered 47 places. This application seeks up to 150 children with up to 40 staff. - A once attractive building is becoming a huge monstrosity.

A petition was hand delivered to the City Centre, South and East Board of the 28th July 2008. The petition contained 33 signatures and was formally opposing the planning development and asking the Area Planning Board to reject the application.

10 letters of support have been received. Issues raised are:

- The proposal will provide more space, easier access and improved facilities for the children. - There will be a reception area providing better security than before, and a kitchen producing healthy nutritious food. - The house will be saved and extensions done to a high standard - The service would be second to none - The majority of children who used the nursery before it closed were local children, many of whom walked. - The nursery was closed for Health and Safety, and was not ideal owing to steep staircases, damp problems and poor facilities.

137 - There is a need for a good quality nursery in the area, and the area and community would benefit from the scheme. Such a building and establishment in the area would enhance the neighbourhood and raise its profile. - If the nursery were to close, there would be a loss of jobs it provides. - Given the increasing number of families in the area, once the nursery is reopened it will attract many local children within walking distance.

Amended scheme

A further round of public consultation following receipt of the amended proposals has taken place which expires on 14th August 2008. At the time of writing this report the following representations have been received. Any additional comments received prior to the morning of the board will be summarized in a supplementary report.

Eight letters of support for the amended scheme have been received from a mixture of potential users of the nursery, local businesses, the existing manager of the applicants nursery at Crosspool (who would also have involvement with the application proposal), and people involved in the construction of the premises. The reasons for support are:-

- Demand for nursery provision is extremely high and Endcliffe is a more convenient location for some parents currently using Crosspool - The nursery will provide opportunities for development of the business and its staff, and better choice for parents - It would help attract professional people to Sheffield - Vast majority of users would either be local residents, local workers or those on their existing journey to work - The nursery previously served the local community and would continue to do so - The extensions would hardly by seen - The nursery would be very convenient for local employees and enhance facilities in the local area - Would enable local parents to walk children to nursery - Parking provision is not a problem with staff parking on site and space available on street

PLANNING ASSESSMENT

(i) Policy Issues

The site is located within a designated Housing Policy Area within the adopted Sheffield Unitary Development Plan. The preferred use of the site is for Housing, with a number of other uses being acceptable in principle. Amongst those other uses is as a nursery, for which the site already has planning permission. This application seeks to extend the existing nursery and as such, this application is acceptable in principle in accordance with the provisions of Policy H10 (Development in Housing Areas) thereof. However the development proposal

138 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; and (e) it would not suffer from unacceptable air pollution, noise or other nuisance or risk to health or safety; and (f) it would provide, where appropriate, an environmental buffer to shield sensitive land uses.

Good design and the use of good quality materials will be expected in all new and refurbished buildings and extensions. Policy BE5 indicates that the following principles will apply for physical design: (a) original architecture will be encouraged but new buildings should complement the scale, form and architectural style of surrounding buildings. (d) in all new developments, design should be on a human scale wherever possible, and, particularly in large-scale developments, the materials should be varied and the overall mass of buildings broken down; (e) special architectural treatment should be given to corner sites in order to create a lively and interesting environment; (f) designs should take full advantage of the site's natural and built features; (g) the design, orientation and layout of developments should encourage the conservation of energy and other natural resources.

Policy CF1 ‘Provision of Community Facilities’ promotes the provision of community facilities particularly where there is a shortage and where it would be easily accessible by public transport and located in the community they are intended to serve. The site is accessible to a large residential population, by foot and by public transport. The site has previously been operating as a nursery school and therefore this application seeks to make alterations to enlarge and significantly improve the facilities.

‘The design of buildings used by the public’ is covered within Policy BE7. This policy states that in all buildings which are to be used by the public, provision will be expected to allow people with disabilities safe and easy access to the building and to appropriate parking spaces. Access to existing buildings and their surroundings should be improved as opportunities arise to enable all users to more around with equal ease. The proposed development allows a significant amount of accommodation to be located on one floor providing easy access. An ambulant staircase is proposed to provide access from the lower ground floor to the upper ground floor.

139 (ii) Highways Issues

The current (maximum) Car Parking Guidelines found in the adopted Sheffield Unitary Development Plan requires one parking space per 1-3 staff on duty at the busiest time and 1-2 spaces per residential unit. Off-street provision for picking- up/dropping off children is also required.

The existing situation for 47 children attending the nursery does not meet the above requirements for dropping off and picking up of children. Whilst not ideal, it is an existing situation which is a material consideration. The application originally sought to increase the number of children to 85. This level of increase over and above the previous numbers would not gain officer support, owing to the increase in frequency and number, of the dropping off and picking up of children.

The existing vehicle access arrangement will be maintained, providing off street parking for 4 vehicles which is to be restricted for staff use only. National standards for under 8’s day care recommend that staff ratio’s should be 1:3 for children under 2 years old, 1:4 for children aged 2 years old, and 1:8 for children aged 3-7 years old. Details from the applicant indicate that there will be approximately 15 staff on site and therefore a maximum of 5 off street parking spaces are required, to meet UDP parking guidelines.

There is a shortfall in off street parking provision for staff by 1 space. The streets within the immediate vicinity are covered by a residents parking scheme, and therefore there is no facility within the surrounding area for car parking for staff. This should be self regulating and should discourage staff from driving to the site.

There is no dedicated off street parking provision for dropping off and picking up children attending the nursery. The nursery is proposed to cater for 50 children aged between 3 months and up to 5 years. Information from the application refers to opening at 07:30 and closing by 18:30.

Arrival and departure times are expected to vary between individuals, to help prevent the potential for intensive arrival/departure activity. Officers were concerned when the proposal catered for 85 children attending the nursery, with the substantial increase over and above the existing situation. With the decrease in the numbers of children to 50, there will be no further demand for parking or pressure on the highway network than the existing use.

Therefore, with there being no significant increase in the number of children attending the nursery, there will be no associated increase in the number of vehicle movements outside the site through picking up and dropping off of children, and this will not result in any negative impact on highway and pedestrian safety.

(iii) Design Issues

The proposed development seeks to extend the existing sub-standard children’s nursery, creating an improved facility, with the extensions being predominantly single storey.

140 The single storey nature of the scheme results in majority of the nursery being located on the same level providing good access to all. The internal layout of the building has been designed to provide easy and comfortable access for all, with all floors being fully accessible via a new staircase located to the rear designed as ambulant stairways. The proposed access by disabled persons will be from a level pavement at the road side, via a ramped access to the new main entrance reception office at lower ground floor level.

Owing to the topography of the area, and the retention of the existing stone boundary wall positioned to the front of the site, the proposed single storey extensions will be barely visible from the immediate street scene or the wider street scene and Endcliffe Conservation Area. The development proposes natural stone facing material with a natural slate roof. The rear extension has been reduced slightly to line though with the proposed extension to the front.

The single storey nature of the development enables the proposal to be clearly read as subservient to the main building, and whilst the footprint of the proposal is relatively large, it is not considered to result in overdevelopment of the site. There remains adequate outdoor/play facilities for children attending the nursery.

The applicant has cleared the site and carried out internal works to the building which do not require planning permission. Whilst the loss of the mature trees and shrubs on the site is regrettable the trees had no protection. A draft landscaping scheme has been proposed, showing semi mature trees and shrubs along the boundary with No. 8 Endcliffe Rise Road which would help to soften the scheme. Additional areas of soft landscaping are proposed behind the existing garden retaining walls directly in front of the building. The details of the landscaping scheme can be controlled through a relevant condition along with a condition for its maintenance for a set period of time.

This scheme is a genuine attempt to try and save the building, and re-open the nursery school fit for modern day standards, and accommodating broadly the same number of children as previously attended the nursery. A previous application sought to demolish the building and replace with a three/four storey block containing 9 flats, and standing on a substantially larger footprint. This scheme was withdrawn prior to the area board, after refusal had been recommended.

No planning permission is required for the demolition of the building, as it falls outside of the Conservation Area, is not a Listed Building, and has no statutory protection. For any future alternative redevelopment of the site to be viable, such redevelopment is likely to be intensive, though would of course be subject to Planning Permission, and would potentially involve loss of the building.

(iv) Amenity Issues

There is no absolute requirement in the relevant regulatory standards for the provision of outdoor space on site to serve nursery accommodation. Outdoor space is indicated as being accessed from the lower ground floor and formed in the centre of the site.

141 This area was the location of the outdoor play space for the previous nursery use. As such it is set away from the boundaries at the rear and side with No. 25 Endcliffe Vale Road, but does extend up to the boundary with No.8 Endcliffe Rise Road. Noise generated by children playing in the outdoor space could be limited by condition and the applicant has a desire to have limited and controlled use of the outdoor space. Furthermore, from the content of representations received it is apparent that noise disturbance from children playing outdoors is not of great concern.

Dropping off and picking up of children is expected to vary between individuals, however there is the potential for intensive arrival/departure activity. The entrance to the site is proposed to be located in close proximity to the adjoining dwelling at No. 8, to provide level access. With a maximum capacity of 50 children attending the nursery, it is not likely to be disturbing on occupiers of the existing dwelling of No. 8

A number of windows were originally proposed in the rear elevation facing towards west towards the rear boundary. These windows have been removed and replaced with Velux windows facing into the centre of the site. It is considered that there will be no adverse impact on the amenities of occupiers of neighbouring properties through overlooking.

The proposed alterations and extension are single storey and thereby limit any impact on occupiers of neighbouring properties. Again it is considered that the proposed development would not create any adverse impact from overshadowing to neighbouring properties.

In view of the above, the premises appear to be more than capable of accommodating 50 children within the current legislative framework providing adequate teaching and amenity/outdoor space for children attending the nursery.

SUMMARY AND RECOMMENDATION

The proposed development meets the requirements of Policy H10 and CF1, in that the nursery is an existing acceptable use within the Housing Area, and provides a community facility.

The design, scale, and detailing of the proposed development is also considered acceptable, meeting the requirements of Policy H14 and BE5.

With the reduction in the number of children proposed to attend the nursery to 50, it is considered that there will be no detrimental impact on highway or pedestrian safety.

Planning permission should be recommended for conditional approval for this application.

142

Case Number 08/01722/FUL

Application Type A Full Planning Application

Proposal Alterations to warehouse to install plant and refrigeration equipment, installation of sprinkler tank and pump house and 3 No. 15 kw wind turbines

Location Tesco Stores Ltd Abbeydale Drive Sheffield S7 2QB

Date Received 25/03/2008

Team SOUTH

Applicant/Agent A J Cocker Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 Should the turbines cease to be in active use, at any time in the future, they shall be removed and the site shall thereafter be restored to its former use as a car park.

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

3 Any cranes used during the erection of the turbines must be located so that no plant or materials are capable of falling within 3 metres of the railway line.

In the interests of the amenities of the locality.

4 The noise from the proposed turbines, shall not exceed;

LAeq 15 minutes - 35 dB (2300 to 0700 hours), in the bedrooms of nearby properties and

143 Laeq 15 minutes - 45 dB (0700 to 2300 hours), in the livingrooms of nearby properties.

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 set out below:

GE27 - Alternative Energy Sources GE28 - Wind Energy

Planning Policy Statements 1 and 22, to Policy ENV5 of the Yorkshire and Humber Plan, and to all relevant material considerations.

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

144 Site Location

LOCATION AND PROPOSAL

The proposal involves the provision of a replacement sprinkler tank, ( 6.2m diameter x 4.9m high) and pump house, (3.5m long x 2.5m wide x2.7m high), in the rear service yard, (as necessary to comply with the new building regulations) , the installation of new external refrigeration equipment and the erection of 3 wind turbines in the car parking area, each with a 25m hub height.

The proposals would result in the loss of 6 car parking spaces.

RELEVANT PLANNING HISTORY

Planning permissions 07/02219/FUL and 07/02221/FUL, were granted for single storey side extensions to the Tesco Store, at Abbeydale Drive, on the 26th of July

145 2007 and conditions require 10% of the energy used by the store to come from renewable sources. The wind turbines are proposed to meet this requirement.

REPRESENTATIONS TO THE PROPOSALS

An 18 signature petition, was received from the residents of 10 houses on Marriott Road, to the effect that, there is no objection in principle to the erection of wind turbines, provided that they do not generate unacceptable noise for local residents.

Residents are concerned that the assumption that a 25m turbine will be quieter than a 15m one, may not be correct. Properties on Marriott Road and Abbeydale Road, are located at a higher level than Tesco’s car park. A section showing the turbine height, in relation to the nearest properties, should be submitted, to help judge their impact.

The noise assessment lacks data for high wind-speeds and says that in such conditions, windows would be closed and wind and tree noise, would obscure any noise generated by the turbines, however, there are no leaves on the trees in winter.

The noise assessment does not include the impact of the new refrigeration plant, pump house and sprinkler tank, yet noise disturbance from refrigeration equipment has been a major cause of night time disturbance, in the past. Residents want to avoid a constant background drone at night.

Tesco are advertising their green agenda with turbines, but the store itself, has devastated a green corridor, closed local shops and created huge amounts of traffic and noise.

6 letters of objection were received from the Carterknowle and Millhouses Community Group and from 5 local properties, on the grounds that ;

Whilst the generation of renewable energy is important, the height of the proposed turbines could be visually intrusive and the trees around the site would only mask the turbines for half of the year.

The turbines could increase low frequency noise, 24 hours a day, 365 days a year, for residents who already suffer high levels of background noise, due to Bradley Refrigeration, traffic on Abbeydale Road, Tesco’s refrigeration plant and the railway. Please ensure that the noise implications are fully assessed and improved, rather than made worse.

Will the proposed wind turbines really generate 45kw of energy or are they just a publicity stunt for Tesco. Could they use solar photovoltaic panels on existing roofs instead?

A letter of concern was received from Councillor Sylvia Dunkley, on the grounds that, whilst the generation of renewable energy would be welcome, residents of Marriott Road and Moscar Cottages have a suffered disamenity due to noise from

146 Tesco and residents need assurance that the turbines will not make noise levels worse.

Letters of no objection were received from the Environment Agency, NATS/ airport safeguarding, JRC / radio links, the National Grid, the BBC, Orange, and Ofcom and Network Rail have no objection, provided that the wind turbines are located an appropriate distance away from the railway.

A letter of support was received, from Councillor Jillian Creasy, on the following grounds ;

The proposed turbines will not be visually intrusive here, adjoining a Tesco Store, an existing 31m high, advertising mast, several industrial units and a railway.

The noise report is based upon a 15m high turbine and whilst a taller wind turbine may well be quieter, the report does not explain why this is so. However, the nearest houses are well screened by mature trees and the closest ones are below car park level, so the noise would probably rise above them. It is unlikely that the housing on Abbeydale Road would notice the turbines, above the existing traffic noise.

The big advantage of siting wind turbines here, is that hundreds of people will see them in operation and will realise that they are not ugly, dangerous or noisy and that it is possible to drive and walk close to them.

Tesco Stores have a massive carbon footprint, from transporting food across the world, ( undercutting local farmers ) and chilling and packing and should offset their carbon emissions, with on site renewable energy generation.

13 letters of support were received from residents of Sheffield, on the following grounds ;

Global warming threatens our survival as a species and action to combat climate change is urgently required. Oil and gas are dwindling and it is essential that we make a rapid transition to renewable energy. The proposed turbines would be a valuable contribution towards this goal.

Wind turbines are exceedingly beneficial to the environment and are essential for supermarkets, which have a high energy consumption. Wind turbines reduce our fossil fuel energy consumption and our carbon emissions and should be encouraged for businesses and workplaces, all over the city.

Wind turbines are an economical way of expanding local renewable energy production and the arguments against them do not stand up to scrutiny. Turbines do not obscure views or interfere with daily life.

Sheffield City Council is struggling to meet its renewable energy targets for 2010 and all practical schemes should be supported.

147 The rising cost of fossil fuels and the urgent need, to reduce CO² emissions to avert climate change, outweighs any harm from the turbine.

Sheffield should promote renewable energy and sustainability and show other cities that we are leading the way towards a low carbon society, with a forward thinking and sustainable approach, which may ultimately avert a global climate catastrophe.

The proposed wind turbines are insufficient to provide for all the energy used by the Tesco Store. They should provide energy efficiency measures, solar water heating and solar power, as well as wind turbines.

PLANNING ASSESSMENT

National Policy

PPS1, ( The Climate Change Supplement ) and PPS22, (Renewable Energy), encourage the incorporation of renewable or low carbon energy sources, into all new developments, to reduce carbon emissions and climate change impacts. Any harmful effects should be minimised, through appropriate siting, colour and design.

Regional Policy

Policy ENV5 of The Yorkshire and Humberside Regional Plan, 2008, requires Sheffield to provide 10% of its energy supply, from renewable energy by 2010 and regards small scale micro-generation as essential, to achieve this.

Local Policy

The site is identified by the Unitary Development Plan for Sheffield as falling within the Archer Road Mixed Use Area. Policy MU11 requires all new development in such areas to avoid causing nuisance for neighbouring residents, and comply with Policies for the Built Environment in the document.

Policies GE27 – (Alternative Energy Sources) and GE28 – (Wind Energy), of the Sheffield Unitary Development Plan, 1998, encourage the development of wind turbines, provided that there is no significant harm to the natural environment or to local residents, which would create unacceptable living conditions.

Environmental Impact Assessment

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 identify the proposal as a Schedule 2, 3(i) development in that it consists of turbines with a height in excess of 15 metres, and that there are 2 or more turbines.

The Regulations therefore require consideration of whether the proposals should be the subject of an Environmental Statement to assess the environmental impacts of the development. Circular 2/99 ‘Environmental Impact Assessment’ advises that

148 EIA is more likely to be required for commercial developments of five or more turbines, or more than 5MW of new generating capacity.

Given the scheme does not breach these limits and that the area is an established commercial location, which is not environmentally sensitive, it is not considered that the proposal warrants an Environmental Impact Assessment.

Design and Impact

The proposed sprinkler tank will be in aluminium and the pump house will be in mid-grey fibreglass. They will be located within an existing service area and will be screened from the service road and from housing by existing high screen fences. They have been located as far away from housing on Marriott Road as is possible, to avoid noise disturbance to residents. The pump mechanism would only generate noise when the sprinklers are in operation, in case of fire and they will not contribute to increased general background noise levels and are considered to be acceptable.

The conditions of planning permissions 07/02219/FUL and 07/02221/FUL, require Tesco to produce at least 10% of the energy they use from on site renewables, in addition to any energy efficiency savings that they make by providing more modern, energy efficient, sound attenuated refrigeration equipment.

The 3 x 15kw, Proven Energy wind turbines proposed, are relatively small scale, urban turbines, with white masts, 25m high black hubs and 4.5m long grey blades, giving an overall height of 29.5m to the tip of the blades. ( The blades are grey to avoid problems with sunshine glinting off the blades ).

They will be located 65m apart, within a commercial setting, in the Tesco car park, parallel to, but inset 33m away from the railway, to prevent switching transients from affecting the railway .

The turbines require the loss of 6 car parking spaces in order to generate around 30% of the store’s electricity needs. To achieve this using solar PV would require a 400m² array, taking up a large area of the car park.

The turbines will be 2 metres lower than the existing, 31.5m high, Tesco Sky Sign, at the store and the photomontage indicates that they will have a limited visual impact, amongst the existing clutter of streetlights and telegraph poles, in this commercial area.

The turbines will be located in a valley, which serves as a wind tunnel and ensures satisfactory windspeeds, averaging 5.2m / second, whilst the visual impact is relatively small, compared with hilltop wind turbines.

The turbines will be 90m away from Willow Bungalow, the nearest housing and 130m away from the housing on Marriott Road, which is more than adequate to avoid undue noise disturbance (see below for more detailed assessment).

149 The turbines will be screened by an existing belt of mature trees alongside the river Sheaf, which helps with sound attenuation and ensures that the turbines are not highly visible for residents.

A section has been submitted that indicates that, at 25m high, the turbines will be 8m higher than the ridges of housing on Abbeydale Road and 4m higher than the ridges of housing on Marriott Road. The hubs will therefore be above the direct line of sight, from nearby housing, though will be visible.

If the turbines were reduced to 15m high hubs, they would be equally visible from the 1st floor windows of nearby properties and the average wind speeds would be reduced from 5.2m per second to 4.7m per second, reducing the efficiency of the turbines.

At 25m high, the proposed wind turbines will be visible for some distance along the Sheaf Valley. However, they are located within a commercial area and whilst they are likely to be of considerable interest within the street-scene initially, it is considered that they will soon become a standard urban feature, not significantly greater in prominence than the existing clutter of streetlights and telegraph poles.

Noise issues

PPG24 advises that, it can generally be taken that there will be no undue noise disturbance from a noise source, if the turbine noise is 10dB(A) less than the background noise.

A noise assessment has been submitted, (based upon a survey of background noise and noise projections for the wind turbines using Proven Energy data, for existing 15kw turbines ), which indicates that, the combined noise of the 3 turbines, ( in bedrooms with partially open windows at night ), will be at least 10dB(A), below background noise levels, ( the level at which noise becomes inaudible ), for the nearest residential properties at, Marriott Road, ( 130m away from the nearest turbine ), Willow Bungalow, ( 91m away from the nearest turbine ) and Periwood Avenue, ( 220m away from the nearest turbine ). All night-time bedroom noise levels would be well below the World Health Organization guideline of 30dB(A) and are therefore considered to be acceptable in this location.

The nearest residential properties on Abbeydale Road are 220m away, those on Troutbeck Road are 230m away and properties on Archer Road, are 175m away and are unlikely to be unduly affected, at these distances.

The combined noise from the wind turbines will be no more than 34dB(A) in the gardens of the nearest properties, at night, which is well below the local background noise levels and considerably lower than the World Health Organization, acceptable noise guideline of 55dB(A) in gardens and should not cause any undue noise disturbance for local residents.

There is no noise data available for a 25m high turbine, since this is a new technology. However, the manufacturer has confirmed that the noise for a 25m tower is no greater than for a 15m tower. The noise source is the same, at either

150 height, but is further away from housing at 25m high. The air stream velocity and direction are less turbulent at 25m, reducing stalling noise.

At 25m high the turbines will have a clean airflow, above the roofs of Tesco and other nearby properties, increasing wind-speeds, reducing the likelihood of stalling and generating less noise. A 15m high turbine would suffer more turbulence and lower wind-speeds, increasing noise from stalling.

The Proven energy turbines are a downwind turbine, with a relatively quiet, gearless drive mechanism, which removes the low frequency tonal noise, (experienced close to large scale wind farms), reducing noise levels to 5dB(A) below the noise assessment. The turbines run at a leisurely 140 revs per minute, (half the speed of a 6kw turbine) which also reduces noise generation.

The prevailing wind, funnels down the Sheaf Valley and will help to carry any turbine noise, away from residents on Marriott Road and Abbeydale Road and overall it is considered that the proposed wind turbines will not be unduly noisy for any of the nearby properties.

In addition, the existing outdated refrigeration equipment and condensers, on the side of Tesco, 50m away from housing on Marriott Road, which have caused noise nuisance in the past, are to be removed and replaced with modern, energy efficient, sound attenuated refrigeration equipment, 240m away from housing on Marriott Road and 170m away from the nearest housing on Archer Road, at the far side of Tesco, near the railway line and this should provide a considerable reduction in existing noise nuisance for residents.

Wildlife Impact

The proposed wind turbines will be 80metres away from the riverside trees and the city ecologist advises, that this is more than adequate to avoid any undue harm to birds, bats and wildlife.

Carbon Emissions

The applicant has submitted data to show that the proposed wind turbines would generate 45kwh of electricity, reducing Tesco’s electricity use by 30%.

The proposals will contribute towards the Government target, of cutting CO² emissions to 12.5% below 1990 levels, between 2008 and 2012 and will help the city to meet the requirements of the Yorkshire and Humberside Regional Development Plan, which requires Sheffield to produce 10% of the city’s energy, from renewable sources by 2010.

Windspeeds

The valley acts as a wind corridor and the turbines are expected to have average wind speeds of 5.2 metres / second and this is satisfactory for electricity generation, since Proven Energy turbines, can operate at wind-speeds as low as 2.5 metres per second).

151

Shadow Flicker Impact

Shadow flicker occurs, when the shadow of rotating blades, falls across the windows of nearby housing, in direct sunlight. The rule of thumb applied in PPS 22, is that housing should be 10 rotor diameters away from the turbine, to avoid shadow flicker, a distance of 55 metres away in the current case . The nearest residential property is 90 metres away, so it is most unlikely that there will be any shadow flicker problems from these turbines.

Radio, Television and Radar Interference

The relevant authorities were consulted to determine the likelihood that the turbine would interfere with local radio, television or radar signals and they have advised that the proposed turbines are unlikely to cause any undue interference.

Highway Issues

The proposals may cause the loss of 6 car parking spaces. However, there are no highway objections to the proposals, since there is existing surplus car parking capacity at the store.

South Yorkshire Police advise that, although there are many wind turbines located close to major highways in the UK, there is no evidence to show that they have had any impact upon highway safety or road accident statistics.

RESPONSE TO REPRESENTATIONS

Abbeydale Road is a busy commuter route which generates high background noise levels. The nearest houses are 90m away from the turbines and the noise assessment indicates that it is unlikely that residents will hear any additional noise from the turbines, above existing background noise levels.

The Proven Energy wind turbines are small scale urban turbines, measured in kilowatts and are one of the quietest turbines available, using a direct drive mechanism, without any gears. The noise generated is only the whoosh of the blades cutting through the air. There is none of the low frequency tonal noise, that is generated by multi-megawatt commercial windfarms.

The noise data is based on the same 15kw turbines, whether at 15m high or at 25m high and the height makes little difference. The 25m masts are new so hard data is not yet available, but sound attenuates with distance and a 25m high hub is 10m further away, than a 15m high hub.

At 25m high hub height, windspeeds are 5.2m / second and the airflow is more consistent, reducing turbulence and stalling, ( caused by gusting and transient changes in wind direction ), whereas a 15m turbine would have average wind- speeds of only 4.7m / second and turbulence, ( from trees and housing roofs, disturbing the airflow ), becomes a significantly greater problem, making turbine operation far more likely to stall.

152

The site is located within a valley oriented SW to NE, which is also the prevailing wind direction. This creates a wind tunnel which enables adequate wind-speeds to operate the turbines and carries turbine noise down-wind, through the adjoining Retail Park. The nearest residential properties down-wind of the turbines are around 200m away and should not be affected by any undue noise from the turbines, whilst properties on Marriott Road, to the South West, will not generally be in the slipstream of the turbines.

At an average wind-speed of 5.2 metres per second, noise levels at the base of a 15kw Proven Energy turbine, are 48dB(A) and this falls below background noise levels, at a distance of around 60 metres, from the mast. The nearest houses are 90 metres away and well screened by trees and should not be unduly affected, by noise from the turbines.

At high windspeeds, ( over 20 metres per second ), background wind noise, is higher than the turbine noise and turbines become inaudible.

Wind turbines emit no noise when there is no wind and concerns about turbine noise, on still summer evenings, are unfounded.

The roof of the Tesco Store is a relatively lightweight construction and is not capable of bearing the additional load of solar water heating or photovoltaic panels. Wind turbines are considered to be the best option here, providing 30% of the store’s energy needs and reducing the store’s carbon emissions.

Tesco have confirmed that the turbines will not be illuminated or carry any advertisements for the store.

SUMMARY AND RECOMMENDATION

The proposals involve the erection of a new pump house and sprinkler tank, within the delivery area of the Tesco Store at Abbeydale Drive, ( to meet modern fire safety requirements, under the building regulations ) and the provision of modern energy efficient, sound attenuated refrigeration equipment alongside the railway, ( instead of the existing, noisy refrigeration equipment, close to housing on Marriott Road ), and the erection of 3 x 15KW, Proven Energy, wind turbines, in the store car park. The turbines will have white masts, with 25m high, black hubs and 4.5m long grey blades.

There are no policy objections to the proposals. Wind turbines are regarded as appropriate urban development, which are essential to the future of the economy and encouraged by national guidance in PPS1 and PPS22, policy ENV5 of the Yorkshire and Humberside Regional Plan, 2008 and local policies, GE27 and GE28 of the Sheffield Unitary Development Plan, 1998, provided that there are no undue impacts upon wildlife, the landscape, or nearby residents, from noise, shadow flicker, electromagnetic interference or risks to public safety.

153 The store wishes to generate as much energy as possible from renewable sources, to reduce it’s carbon footprint and needs to provide at least 10% of the energy used by the store, from renewable sources, in order to meet the conditions of recent planning permissions - 07/02219/FUL and 07/02221/FUL, for the erection of minor extensions to the store.

Tesco considered the provision of solar PV, but the roof of the store, is a light weight construction, incapable of taking the weight of solar panels and the huge surface array required to generate 45kw of solar energy, would take up too many car parking spaces and is not practical.

The proposed wind turbines will be a small-scale, sustainable development, located within a commercial area, which will be well screened from Abbeydale Road and Marriott Road, by mature trees.

Whilst it is likely that the turbines will generate considerable interest in the streetscene on Archer Road, initially, it is considered that they will soon become a standard feature of the urban landscape, no more noticed, than the existing clutter of commercial buildings, signs, streetlights and telegraph poles Being in a valley the impact of the turbines will be relatively small, compared with prominent hilltop turbines and the proposals are considered to be acceptable in this location.

The wind turbines have been sensitively located, to maximise distances away from housing, whilst ensuring appropriate distances from the railway line and the noise assessment, indicates that the combined noise from the wind turbines, would be well below existing background noise levels for the nearest housing, 90metres away. The noise levels in their gardens and bedrooms, would be well below the World Health Organisation guidelines and should not cause any undue noise disturbance.

Any additional noise from the turbines will be offset by the removal of the existing refrigeration equipment, which is located on the side of Tesco, 50m away from housing on Marriott Road and it’s replacement with modern sound attenuated refrigeration equipment, 230m away, near the railway line.

The proposals have been assessed for shadow flicker, reflection, radio, TV and radar interference and it is considered unlikely that the proposed wind turbines will cause any problems.

South Yorkshire Police advise that there are many turbines close to major roads in the UK and there is no evidence to show that they have had any effect upon traffic accident rates.

The turbines are well away from the riverside trees and there should not be any undue impact upon birds, bats or other wildlife.

The proposals will contribute towards the Government target, of cutting CO² emissions to 12.5% below 1990 levels, by 2012 and will help Sheffield to meet the requirements of the Yorkshire and Humberside Regional Development Plan, 2008,

154 which requires Sheffield to produce 10% of the city’s energy, from renewable sources by 2010.

Overall it is considered that the proposals will help to reduce the carbon footprint of the Tesco Store, without significant detriment to the street-scene, wildlife or any neighbouring properties and the proposals are recommended for approval, subject to appropriate conditions.

155

Case Number 08/00488/FUL

Application Type A Full Planning Application

Proposal Use of ground floor of building as hot food take away (Class A5) and provision of an access ramp (Amended plans received 02/07/2008)

Location 18 Fife Street Sheffield S9 1NJ

Date Received 07/02/2008

Team CITY CENTRE AND EAST

Applicant/Agent Miss K Young

Recommendation Grant Conditionally

Subject to:

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

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

2 The hot food takeaway 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. After installation such equipment shall be retained and operated and maintained for the purpose for which it was installed. Details should include the type of filters to be installed to remove odours and any particulars or droplets. Location and any sound attenuation to fan, also the type of low resistance cowl to be fitted.

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

3 Prior to the use commencing, a scheme for noise control shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the use commencing and shall be retained throughout the life of the development.

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

4 No deliveries shall be taken at or despatched from the site other than between 08:00 and 20:00 hours on Monday to Saturday nor at any time on Sundays or Bank and National Holidays.

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

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.

6 The takeaway shall only open between the hours of 08:00 and 20:00 on Monday to Saturday and not at any time on Sundays or Bank and National Holidays.

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

Attention is drawn to the following justifications:

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

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

Attention is drawn to the following directives:

157 Site Location

LOCATION AND PROPOSAL

The application relates to a currently vacant retail unit, formally in use class A1. The shop front has a predominantly glazed frontage. The property itself is a brick built unit with a two storey rear off shot and a small yard area to the rear.

The street scene consists of two storey brick built terraced properties. The majority of properties in the immediate locality are residential properties, but there are also several retail units and one other takeaway unit. To the rear of the site is the derelict Wincobank Working Mens Club whilst facing the site is a brick built industrial building. A footpath runs alongside the side of the subject site and leads to an open space area to the rear. The site is located within a predominantly residential area, which is designated as a Housing Area in the adopted Unitary Development Plan.

158

The application seeks permission for the use of the ground floor as a hot food takeaway.

RELEVANT PLANNING HISTORY

01/00387/FUL Alterations to building for use as 2 self-contained flats and erection of an external staircase GC 17/05/2001 95/01029/FUL Use of building for the sale of takeaway hot food REF 14/08/1995 05/04045/FUL Alterations to building for use as 2 self contained flats and erection of an external staircase- renewal of permission 01/00387/FUL GC 16/12/2005

SUMMARY OF REPRESENTATIONS

There have been three letters of neighbour representation from two properties. The following concerns have been raised.

- Litter - Noise disturbance - Illegal parking caused by customers and issues of highway safety - Smells of food - Risk of vermin - There is already a takeaway near the site and there is no need for another.

PLANNING ASSESSMENT

Policy

Policy H10 ‘Development in Housing Areas’ states that whilst Housing will be the preferred use, food and drink outlets are acceptable.

Policy H14 ‘Conditions on Development in Housing Areas’ states that new development and change of use should not have an adverse impact upon the amenities of neighbouring properties.

159 Assessment

The proposed change of use is considered to be acceptable in principle. The nature of the area is also such that housing will remain the predominant use and in this regard the change of use is considered to be acceptable. It is also noted that the unit is already a commercial property.

Visual Appearance

There are no external changes proposed to the shop front. The application originally proposed the installation of an external ramp, but due to concerns with its projection into the highway this has been omitted and the applicant has indicated that adaptations will be made internally. Given that the premises are already commercial in use and that no changes are proposed to the shop front it is not considered appropriate to require any further changes.

To facilitate the change of use, an external flue will be erected and after negotiation this will be relocated to the rear elevation of the off shot. Concern was raised with the initial proposal; the flue was located adjacent to the window of the neighbouring property, and the applicant was unable to provide details of the extraction system prior to permission being granted. The revised location is considered to be more acceptable and will not be visible from Fife Street. Whilst the flue will be visible from Dara Street to the rear and the footpath, as the flue will be located towards the inner elevation of the offshot and is limited in its dimensions it is considered to be acceptable. As the flue is relatively narrow and will not project above the height of the main roof of the property this is considered to be acceptable.

Amenity

Whilst the property is located in a residential area, the revised location of the flue is such that it will not be located adjacent to any windows and therefore the impact of noise or smell will be limited. However, in the interests of amenities it is recommended that a condition be applied requiring details of the extraction system to be submitted prior to the use being undertaken.

It is noted that the neighbours have raised concerns at disturbance but it is not considered that there will be significant issues of disturbance and opening hours will be conditioned to be from 08:00 to 20:00 hours and this is considered to be acceptable.

Highways

Highways have made no objection to the scheme other than to the access ramp. As this has now been omitted the proposal is considered to be acceptable. It is noted that there is some parking provision to the rear. Being in a residential area it is also envisaged that many customers will also walk to the premises.

160 RESPONSE TO REPRESENTATIONS

A condition will be applied requiring that a litter facility is provided to try and limit the impact of the development.

Matters of noise disturbance and smells of food have been covered earlier in this report.

There is parking provision to the rear of the site and the provision of double yellow lines should eliminate some of this impact. If there are issues of breaching the traffic restrictions then this must be dealt with through the appropriate channels, but at the present time it is not considered that a refusal could be justified on highway grounds.

To try and alleviate the risk of vermin a litter receptacle will be conditioned and further issues are a matter to be dealt with under environmental health legislation.

Need for the takeaway is not a material planning consideration.

SUMMARY AND RECOMMENDATION

The proposed change of use is considered to be acceptable in principle and the use will not have an adverse impact upon the amenities of the neighbouring properties. The erection of an external flue is considered to be acceptable in terms of its visual impact and impact upon amenities and is therefore satisfactory with regards Policy H10 and H14 of the adopted Unitary Development Plan. A recommendation is therefore made for approval subject to conditions.

161

Case Number 06/04408/OUT

Application Type Outline Planning Application

Proposal Erection of 10 apartments in 5 villas with associated landscaping and car parking

Location Land To The Rear Of Abbeydale Hall Abbeydale Park Abbeydale Road South Dore Sheffield S17 3LJ

Date Received 16/11/2006

Team SOUTH

Applicant/Agent P Gray - Hill Construction

Recommendation Refuse

For the following reason(s):

1 The Local Planning Authority consider that the proposed development would result in the significant loss of a valuable informal Local Open Space and Area of Natural History Interest, including vegetation and woodland trees which are the subject of a Tree Preservation Order, with inadequate opportunities for replacement planting. The proposed development would thereby be detrimental to the natural environment and the amenities of the locality and contrary to Policies BE6, GE11, GE13, GE15 and LR4 of the adopted Unitary Development Plan.

2 Insufficient information is provided to satisfy the Local Planning Authority that the ponds and water features within the site can be adequately retained, protected and enhanced. In the absence of sufficiently detailed proposals, the proposed are deemed contrary to Policy GE16 of the adopted Unitary Development Plan.

3 The Local Planning Authority consider that the proposed development would result in the loss of informal recreation space and would result in an overall deficiency in recreation space in an area where informal recreation provision is significantly below the minimum guideline as set out in the adopted Unitary Development Plan and the Supplementary Planning Guidance: Open Space Provision in New Housing Development. The proposed

162 development is therefore contrary to Policies LR5 and LR8 of the adopted Unitary Development Plan.

4 The indicative parking layout is of poor quality design resulting in awkward manoeuvring for cars to and from parking spaces and remote parking from the apartments for visitors and residents of at least one unit. The remote parking spaces are likely to result in indiscriminate parking which may impede access for emergency vehicles. In the absence of ease of access of parking spaces, the Local Planning Authority consider that the proposals would be contrary to Policies BE9, H5(c) and H14(d) of the adopted Unitary Development Plan.

Site Location

163 INTRODUCTION

This application is long outstanding due to protracted negotiations and time given to allow for the preparation, submission and assessment of additional supporting documents. The scheme has been reduced from 16 units to 10 units.

LOCATION AND PROPOSAL

The site covers an area of approximately 0.6 hectare. Abbeydale Sports Club surrounds the site on three sides. The site sits below rugby pitches to the south- west, a sports hall to the north-west and a car park and cricket field to the northeast. There is a pedestrian gate to the site through the remaining boundary. Access to the gate is over the private driveway of Abbeydale Hall and through the relatively recent flats complex to the rear of that building.

The land was formerly a designed garden serving Abbeydale Hall. It contains a number of linked ponds within a woodland setting. Under Council and Sheffield College ownership respectively, it was maintained as a ‘Community Wildlife Garden’ in the 1980s/90s by local interest groups, including the Friends of Abbeydale Hall Gardens, in association with the Council’s Planning and Ecology Services. Since disposal of Abbeydale Hall by Sheffield College, ownership of the application site was split from Abbeydale Hall and maintenance has ceased. The site is now neglected and rundown and there is evidence of tipping in a small area close to the access gate. The site has now been returned to the same ownership as Abbeydale Hall.

The proposal is in outline with all matters reserved for subsequent approval. However, due to the significant site constraints, it has been necessary to provide a level of detail beyond that normally expected for outline applications.

The proposals are for 10 flats in 5 x 2 storey blocks. The buildings are indicated to be located close to the north-west and north-east boundaries of the site. Vehicular access is proposed to be taken from Abbeydale Road South through the grounds of Abbeydale Hall and past the blocks of flats. The access drive is shown to extend alongside the largest pond right up to the rear (north-east) boundary of the site. Car parking for 12 vehicles is proposed.

RELEVANT PLANNING HISTORY

An application for planning permission for 16 apartments was withdrawn prior to being validated in March 2006 (ref.05/04366/OUT).

Planning permission for alterations and extensions to Abbeydale Hall to form 8 apartments and the erection of a further 27 apartments in 5 x 3 storey blocks was granted planning permission in 2000 (ref.99/01758/FUL). The permission is subject to a legal agreement to secure pedestrian access across the Abbeydale Hall site to the application site at all times and to secure vehicular access for maintenance purposes.

164 Listed Building Consent for the works to the Hall was granted concurrently (ref.99/01759/LBC).

SUMMARY OF REPRESENTATIONS

The application has been advertised as a Major Development and as Affecting the Setting of a Listed Building. Near neighbours were notified about the original proposals for 16 apartments and have been re-notified about the reduced scheme.

A total of 28 representations were received as a result of the first consultation. These are summarised below:

16 letters of objection from local residents (9 of which are from 3 households):

- removal of trees (45) and shrubs harmful to wildlife, flora, fauna and valuable habitats in protected area – damage to pond already affected wildlife – this area had previously been carefully tended by a local voluntary group and local residents - understanding that site was to be restored and maintained as ‘planning gain’ from previous flats development - agent’s claim that applicant ‘is unaware of events that led to the site no longer being maintained’ is hard to believe – applicant’s workmen dumped felled trees and rubbish on site during construction of flats development and damaged main pond causing it to drain - applicant has dumped various materials from other sites over last 2 years, has wilfully neglected the site, objected to access for voluntary maintenance and not fulfilled previous promises of suitable boundary treatment to adjoining private gardens and making good where neighbouring gardens have ‘sunk’ – any promises in conjunction with new development are viewed sceptically and cynically - applicant could tidy site without need for planning proposals - restoration/reinstatement of large stones from pond edge is still awaited – originally removed to alleviate drainage problem associated with flats scheme - objects to reference in Tree Report which blames Sports Club and neighbours for tipping garden refuse - Ecology Report doesn’t take into account the considerable wildlife – bats, foxes, squirrels, owls, heron and other birds etc - contrary to UDP policies which seek to protect green environment and character of area - will result in considerable increase in vehicles to Abbeydale Hall site – parking spaces adjacent garden and bedroom of 33 Abbeydale Park Crescent will increase air/noise pollution - inadequate turning for bin lorries, large delivery lorries and construction traffic - increase in parking opposite site in Five Trees estate – already used as overspill from previous development - will result in more hard surfacing – area already suffers from bad drainage due to natural springs in grounds

165 - gross overdevelopment of Grade II Listed site, proposed apartments look out of keeping with existing housing stock – existing flats bear no resemblance to initial description - have already lost community resource of Abbeydale Hall – objects to further loss - increase in rubbish – large bins at front of existing flats are already an eyesore

8 letters of objection from addresses outside the locality. The majority of these letters refer to the potential loss of the Victorian site as a Community Wildlife Area and Green Corridor and refer to the site as a former community resource which has won conservation awards and been maintained with grant aid and funds raised by volunteers during the 1980s and 1990s.

Dore Village Society object. They state that access for maintenance to the site has been denied by the developer leading to neglect of the site.

Sheffield Wildlife Trust consider that the development would have too much of an impact upon the site and its wildlife. They would expect a much smaller and more sustainable development with far less impact and introducing significant biodiversity and community gains as suitable mitigation. SWT draw attention to several UDP policies relevant to the Green Environment.

Cllr Keith Hill cannot support the application and considers that this developer should not be given further opportunity to develop until previous undertakings have been fulfilled (as detailed earlier). He welcomes regeneration due to current sad condition of the site but considers firm parameters should be set, including attention to tree cover and screening, sustainable design features, ecological management, car parking and affordability.

Anne Smith and Mike Waters (in their previous capacities as Cllrs.) object on the grounds of the adverse impact on the wildlife garden, UDP/LDF designations and need for full ecological assessment.

Cllr Colin Ross has objected to the proposals in response to re-notification about the reduced scheme:

- the development would completely destroy the wildlife garden and construction will cause more damage than indicated due to further loss of mature vegetation and the pond - the site provides an important diverse habitat and ecological site despite it being isolated with poor public access – should be preserved

PLANNING ASSESSMENT

Policy

The site lies primarily in a Housing Area as defined in the adopted Unitary Development Plan (UDP). A small portion at the rear boundary is defined as Open Space as are the sports facilities surrounding the site. Despite the Housing Area

166 designation, the site has the characteristics of a Local Open Space (LOS). LOS’s are defined as small sites of 0.4 hectares or less. This site is approximately 0.5ha but, nevertheless, can reasonably be considered to be LOS due to its character.

Following a brief spell of separate ownership, the site lies within the curtilage of Abbeydale Hall which is a Grade II Listed Building.

The site is covered by a Tree Preservation Order (TPO) and is recognized as a Community Wildlife Area (CWA) in the Sheffield Nature Conservation Strategy. Whilst no weight can presently be attached to the forthcoming Sheffield Development Framework, the value of the site is recognized in its proposed designation as a Site of Interest for Nature Conservation (SINC).

The following UDP policies are most relevant to the consideration of the application proposals:

BE5 (Building Design and Siting) BE6 (Landscape Design) BE9 (Design for Vehicles) BE15 (Areas and Buildings of Special Architectural or Historic Interest) BE19 (Development affecting Listed Buildings) BE21 (Historic Parks and Gardens) GE10 (Green Network) GE11 (Nature Conservation and Development) GE13 (Areas of Natural History Interest and Local Nature Sites) GE15 (Trees and Woodland) GE16 (Lakes, Ponds and Dams) H5 (Flats, Bed-sitters and Shared Housing) H10 (Development in Housing Areas) H14 (Conditions on Development in Housing Areas) H15 (Design of New Housing Developments) H16 (Open Space in New Housing Developments) LR4 (Open Space) LR5 (Development in Open Space Areas) LR8 (Development in Local Open Spaces)

Supplementary Planning Guidance (SPG) in ‘Open Space in New Housing Development’ is also relevant.

The following national planning policy guidance is most relevant:

PPS3: Housing PPG17: Planning for Open Space, Sport and Recreation

Principle of Development

With the exception of a narrow strip of land to the north-west boundary, the site lies within a designated Housing Area where housing uses (Class C3) are the preferred land use in accordance with Policy H10. Policy LR5 relates specifically to designated Open Space Areas but, as the designated Open Space is restricted to

167 a very small portion of the site, it is not considered necessary to strictly apply this policy. As stated earlier, the site displays the characteristics of a Local Open Space (LOS) and it is therefore appropriate to consider the principle of development having regard to Policy LR8.

Policy LR8 does not permit development of LOS’s where it would involve the loss of recreation space which, amongst other things, ‘serves a Housing Area where provision is at or below the minimum guideline; or is in an area where residents do not have access to a Community Park’. An assessment of open space provision in the catchment of the site indicates that informal recreation space is below the minimum guideline and formal recreation space is above the minimum guideline. Overall provision is 6.12ha/1000 population which is just above the minimum guideline of 6.00ha/1000.

The SPG relevant to Open Space gives specific guidance on catchment areas and states that 400m is an acceptable distance for people to travel but indicates that barriers such as busy roads, railways or rivers will reduce this distance. In this instance, if the catchment is amended to take account of the railway, then informal provision falls to 0ha/1000 population and overall provision falls to 3.14ha/1000 which is significantly below the minimum guideline. In considering this interpretation of open space provision and the fact that there is no Community Park within 400m of the site, the proposals are contrary to Policy LR8.

The timescale on this application has been significantly extended to allow the developer to undertake an independent assessment with a view to demonstrating that the site is surplus to Open Space requirements. This approach is consistent with advice in PPG17 which also requires the developer to demonstrate wide support for their proposals within the community. Demonstrating ‘surplus to requirements’ is required to include consideration of all the functions that open space can perform.

The Assessment demonstrates that there is a good range of formal recreation facilities within the local area. This is not in dispute. However, the Assessment fails to demonstrate that the site is surplus to requirements in terms of its role as a natural/semi-natural informal green space. Nor does it provide any evidence of community support for the proposals. The proposals therefore remain contrary to Policy LR5.

Sustainability

The site lies within the urban area and is reasonably well served by public transport but is not within the catchment of any District Shopping Centre and not within easy walking distance of local shopping facilities. The density of development is approximately 16 units/ha. This is not sustainable in terms of guidance in PPS3 which requires efficient use of land (minimum 30 units/ha). However, a lower density is justified in this instance due to the heavy constraints of the site.

168 Conservation

The site lies within the curtilage of Abbeydale Hall which is a Grade II Listed Building. However, the site is effectively separated from the historic building by the new blocks of flats. It represents an informal green space in its own right that not longer relates to the Hall and does not affect its setting. In these circumstances there is no conflict with Policies BE15 and BE19.

Policy BE21 seeks to protect the character, setting and appearance of Historic Parks and Gardens. Whilst the site is not defined as a Historic Park or Garden, it is recognized in the UDP Policy Background Paper as having some merit, particular reference being made to the linked ponds and cascade. These features are still present although overgrown and partly silted up.

A landscape appraisal of the former garden has been carried out by an historic landscape consultant and submitted in support of the application. The submitted report notes the interest of the site, the ‘dilapidated and overgrown character of the vegetation’ and ‘a feeling of peace and seclusion within the space’. The report concludes that full restoration of the Victorian garden would be ideal and, if allowed to deteriorate further, there will be the eventual loss of the remnant features. It goes on to suggest that a new use for the site is considered and suggests such a scheme should include the repair and restoration of the ponds and cascades, repair of the low wall and steps to the main pond, woodland management including re-planting and reinstatement of a former footpath link between the site and adjacent rugby pitch.

Restoration of the water features would be a significant benefit to the site. Such works are indicated in the application proposals and the submitted Design & Access Statement refers to the ponds being restored to their original state. However, it is difficult to envisage retaining their integrity given the proximity of the proposed buildings and car parking to the ponds, together with proposals to project one of the buildings and walkway out over the main pond and to bridge the cascade.

Design Principles

Artistic impressions of the buildings have been provided and the Design & Access Statement makes reference to two storey buildings comprising two x one bed apartments in a ‘low and narrow’ form. Construction is envisaged by the developer to be a frame system with a combination of timber and replica sandstone cladding, green roofs and expanses of glass. Part off-site fabrication is considered to be a possibility.

The principle of a low rise scheme of contemporary design and lightweight materials is welcomed in accordance with Policy BE5(a)/(b) and H14(a). However, these matters are reserved for subsequent approval and so are insufficiently detailed at this stage and subject to subsequent change.

169 Landscape and Ecology

The site is neglected. It has evolved into an oasis on informal green space with a dense mix of native species trees between two areas of formal sports pitches to the rear of residential development. The trees are considered in a Tree Survey submitted with the application. They are of mixed value as individual specimens but do provide significant amenity as a semi-wooded area. Of particular interest is a large Monkey Puzzle tree adjoining the proposed access road and a mature Oak tree close to the middle pond. The value of the trees is reflected by the Tree Preservation Order that covers the site.

Such sites are valuable in terms of amenity and biodiversity within the built up area. The value is recognized in the current Community Wildlife Area (CWA) designation of the site in the Sheffield Nature Conservation Strategy (1991) and it is significant that the site is proposed to be designated as a Site of Importance to Nature Conservation (SINC) and as Open Space in the forthcoming Sheffield Development Framework. No weight can be attached to the forthcoming designations at this stage. However, CWA’s are recognized as Areas of Natural History Interest (ANHI’s) in the UDP and Policy GE13 seeks to protect such Areas.

UDP Policies GE10, GE11, GE15, GE16 and BE6 seek to protect various features of the landscape and green environment, including mature trees, ponds and wildlife habitats. Policy LR4 protects open space (including woodland) where, amongst other things, it makes a valuable contribution to the natural environment.

An Ecological Assessment (EA) was submitted with the application and a Bat Survey has been carried out during the course of the application. The EA did not find any evidence of any protected species and the City Ecologist is satisfied with the findings of the Bat Survey which includes adequate mitigation measures. Notwithstanding this, it is considered that development of the site would be a biodiversity loss to the City. The wealth of other species lost and the loss of potential amenity of the site is not a desirable outcome and there is no evidence to suggest any real benefit to the natural environment.

Pressure on the natural environment is in the form of access for site preparation, the actual construction works, impact on water quality and habitats during such works and the provision of satisfactory residential amenity in the long term.

The indicative site layout plan indicates the buildings being located immediately to the north-west of the main pond (including one overhanging the pond) and almost surrounding the upper pond. The access drive is proposed to run alongside the southern edge of the main pond as far as the north-west boundary of the site. The plans portray an image of buildings dotted between existing trees with timber boardwalks overhanging the main pond and crossing the cascades to either end of the middle pond to give access to the buildings.

In the absence of technical drawings and reports, there is no evidence that the buildings and boardwalks can be constructed as shown. Inspection of the site suggests that the site cannot be satisfactorily developed without significant loss of tree cover over and above the significant removals indicated on the plans. There is

170 no indication of how the form and structure of the ponds will be protected or how the boardwalks will be constructed. The submitted Construction Method Statement concentrates on preventing pollution of the ponds but does not address protecting their integrity. It does not include details of the type of vehicles/machinery and provision for working around the individual building plots.

It is proposed to provide a ‘cellweb’ surface to the access road during construction and as a finished surface. This system is permeable, offers tree root protection and minimises compaction. The Construction Method Statement and construction layout plan indicates an extensive construction zone for the apartments but does not demonstrate that the surrounding trees/vegetation can be protected. The linked ponds are a particular barrier between the building zone and construction access and are proposed to be temporarily bridged for vehicular access.

The access road will cut into the heavily wooded embankment to the south-west of the site in close proximity to the Monkey Puzzle and, together with the boardwalk, will reduce the exposed pond area. The access road will also remove a further pond to the south-west corner of the site which is not acknowledged on the plans.

In practice, the constraints posed by the trees and water features are such that it can be reasonably assumed that there is likely to be significant damage arising from construction works. Furthermore, the proximity of the buildings to the water features will pose a considerable problem in any aspirations to restoring them to their original form. Timber is unlikely to be a suitable surface for pedestrians on this site as it is likely to become slippery in the wet/shade. This would be hazardous, particularly for people with disabilities and a stronger form of construction may consequently be required. Lighting will be required regardless of the surface treatment and this will reduce the value of the site to wildlife.

There are no plans indicating any restoration proposals or re-planting proposals and there is little scope within the layout for replacement tree planting. The tree cover is such that virtually the entire site is shaded at present. Any trees that are retained in close proximity to the buildings are therefore likely to be the subject of requests from future residents for removal or substantial pruning.

Detailed matters of construction and finishing treatments cannot be confidently dealt with by planning conditions. A full application based on working drawings is required to demonstrate that the site can be developed as shown and the impact of any form of development cannot be fully established in the absence of this level of detail. The applicant has been requested on several occasions to consider submitting a full application but has declined to do so.

Overall, the proposals do not provide sufficient information to be satisfied that the natural environment can be adequately preserved and enhanced and the proposals are considered contrary to Policies GE11, GE13, GE15, GE16, BE6 and LR4.

171 Highway Issues

Access is proposed to be taken through the grounds of Abbeydale Hall past the existing blocks of apartments. 12 car parking spaces are proposed, including 2 disabled spaces and 2 visitor spaces. Fire access provision is required. The proposals indicate a permeable turning space directly beneath the canopy of one of the best specimen trees on the site (Oak). This is proposed to be provided with lockable bollards to allow for emergency use only. Cycle parking is also proposed beneath the canopy of the Oak tree.

3 of the car parking spaces are a minimum of 75m walking distance from the dwellings and a further 4 spaces require driving beyond the spaces before turning and entering from the opposite direction. 2 of the remaining spaces present difficulties in turning to exit. The awkward road layout could lead to indiscriminate parking which could include obstructing the turning space.

Overall, the road layout appears unsatisfactory both in terms of working practically and its impact on the landscape. Whilst approval is not being sought for the road at this stage, the indicative plans are considered contrary to Policies BE9, H5(c) and H14(d).

Residential Amenity

Indicative floor plans have been provided and demonstrate a reasonable standard of internal accommodation. On the available evidence, it is likely that some habitable rooms (mainly bedrooms) will receive little daylight due to the proximity to trees and the rear bank. Adequate amenity could be provided but this would impact on the landscape.

There is little scope for laying out any communal garden area due to the relationship between buildings and the objective of maintaining as natural a landscape as possible. However, the site is not devoid of space and private balconies provide opportunities to enjoy the outdoors.

On balance, living conditions appear capable of complying with relevant criteria in Policies H5, H14 and H15.

Open Space

If planning permission is granted, a commuted sum of £2832.50 will be required for the provision/enhancement of recreation space in the locality in accordance with Policy H16 and the SPG Open Space in New Housing Development.

SUMMARY AND RECOMMENDATION

The outline application proposes residential development in a scheme of two storey flats. The number of flats has been reduced from 16 to 10 in five blocks, representing a density of approximately 16 units per hectare.

172 The site is a wooded former ornamental Victorian garden but is now neglected and overgrown. It is an Area of Natural History Interest by virtue of its Community Wildlife Area designation in the Sheffield Nature Conservation Strategy and is covered by a Tree Preservation Order. The site lies within a designated Housing Area but displays the characteristics of a Local Open Space. An Open Space Assessment has been carried out by the applicant in accordance with national planning guidance in PPG17 but fails to demonstrate that the site is surplus to requirements in terms of its role as a natural/semi-natural informal green space. Nor is there any evidence of community support for the proposals as required by PPG17.

The site contains a series of ponds and connecting cascades but these are in poor condition with the main pond being largely silted up. The proposals indicate that the ponds would be restored to their original state and that the woodland would be managed. The outline application does not provide sufficient technical detail to demonstrate that the site can be laid out in a manner that would preserve or enhance the natural environment. In practice, the constraints posed by the trees and water features are such that it can be reasonably assumed that there is likely to be significant damage to the landscape arising from construction works. Furthermore, the proximity of the buildings to the water features will pose a considerable problem in any aspirations to restoring them to their original form.

The indicative layout suggests that living conditions would be satisfactory for future occupiers but there would be pressure on the dense tree cover to improve light to individual units. Car parking is adequate in terms of spaces but the indicative layout appears unsatisfactory both in terms of working practically and its impact on the landscape.

Overall, the outline proposals are considered harmful to the informal wooded site and will detract from rather than enhance the natural environment. The proposals are considered contrary to UDP Policies LR4, LR5, LR8, BE6, BE9, GE11, GE13, GE15, GE16, H5(c), and H14(d) and it is recommended that planning permission is refused.

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Case Number 06/03310/FUL

Application Type A Full Planning Application

Proposal Alterations to building to form 17 residential units (Amended as per plans received via e-mail on 05/03/2007)

Location Bailey House 5 - 11 Bailey Street Sheffield S1 4EH

Date Received 22/08/2006

Team CITY CENTRE AND EAST

Applicant/Agent Mr T Smith

Recommendation Grant Conditionally Legal Agreement

Subject to:

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

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

2 Repairs and new areas of infill masonry shall match the existing surrounding masonry in bonding, colour, size, shape and texture and in the colour and finished treatment of mortar joints.

In order to ensure an appropriate quality of development.

3 Before the development is commenced the following samples shall have been submitted to and approved in writing by the Local Planning Authority:

i) proposed facing materials ii) proposed roofing materials iii)proposed windows and doors.

Thereafter, the development shall be carried out using the approved materials.

In order to ensure an appropriate quality of development.

174 4 The approved landscape works shall be implemented prior to the use of the development commencing or within an alternative timescale to be first agreed with the Local Planning Authority. Thereafter the landscaped areas shall be retained and 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 Prior to the occupation of the proposed dwellings all works detailed in Hepworths Report No. 4230.1v2 dated September 2007 ‘Assessment and Control of Noise Impact’, which form part of a scheme to protect the future occupiers of the dwellings from noise, shall have been implemented and retained in accordance with the details submitted to and approved in writing by the Local Planning Authority.

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

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

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

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,

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

175 Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Areas IB9 - Conditions on Development in Industry and Business Areas IB11 - Housing & Residential Institutions in Industry & Business Areas BE16 - Development in Conservation Areas

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

Attention is drawn to the following directives:

2. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

3. You are advised that residential occupiers of the building should be informed in writing prior to occupation that:

(a) limited/no car parking provision is available on site for occupiers of the building, (b) resident's car parking permits will not be provided by the Council for any person living in the building.

176 Site Location

LOCATION AND PROPOSAL

The application site is located on the western side of Bailey Street in a Fringe Industry and Business Area as defined in the Unitary Development Plan (UDP). The site is occupied by a currently vacant red brick building originally constructed as a synagogue. It comprises of an attractive three storey frontage building with stone detailing and a large Star of David window at second floor level, plus a simpler two storey building to the rear featuring rows of 3 metre high timber sliding sash windows. The site also includes a small two storey brick built property at number 5 Bailey Street which appears to be a former dwellinghouse.

The remainder of Bailey Street, which slopes down from Trippet Lane in the south down to Broad Lane in the north, houses a mix of uses including

177 industrial/warehouse premises, offices and a new residential development of 111 apartments at No. 28 to 58 Bailey Street.

A single storey workshop adjoins the application site to the north. It is occupied by Flame Hardeners Ltd, a company who specialise in the heat treatment and hardening of metals and whose premises extend through to Bailey Lane. To the south of the application site is the Dog and Partridge, a public house which fronts onto Trippet Lane, as well as the rear yard of the Scout and Guide Association headquarters. The two and three storey properties opposite the application site on the eastern side of Bailey Street are in office/warehouse use.

The site lies within the City Centre Conservation Area and the former synagogue is identified in the Urban design Compendium as an unlisted but significant building which contributes to the character of the St. George’s Quarter.

Planning permission, as amended, is sought for the conversion of the existing buildings to form 17, largely studio style apartments.

PLANNING HISTORY

78/00039/FUL Planning permission was granted for use of 5-11 Bailey Street for pre-retirement courses and as work rooms for hand assembly work by employed pensioners.

88/01026/ADV Advertisement consent was granted for the erection of an illuminated double sided sign.

SUMMARY OF REPRESENTATIONS

No representations were received in connection with the proposed development.

PLANNING ASSESSMENT

Unitary Development Plan Policy

The site lies in a Fringe Industry and Business Area as defined in the Unitary Development Plan (UDP). Policy IB6 of the UDP (Development in Fringe Industry and Business Areas) describes housing (Use Class C3) as an acceptable use where living conditions are satisfactory and where it wouldn’t hinder industrial and business development.

Similarly, Policy IB9 (Conditions on Development in Industry and Business Areas) (a) requires that business and industry uses remain dominant in the area. While IB9(b) states that new development should not cause residents to suffer from unacceptable living conditions.

Policy IB11 (Housing and Residential Institutions in Industry and Business Areas) also states that housing will be permitted only where it would (a) not further constrain industrial or business development to protect the environment of the new housing, and (b) not suffer from unacceptable living conditions.

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The criteria for measuring dominance are set out in Appendix 1 of the UDP. It defines that the Preferred Uses (in this case B2 and B8, excluding open storage) should account for 50% or more of the Policy Area or Sub Area. The area currently consists of approximately 60% preferred uses and so the proposed development will not prejudice the dominance of industry and business in the area.

Policy BE16 (Development in Conservation Areas) seeks to retain buildings which make a positive contribution to the character or appearance of a Conservation Area should be retained.

Design and Conservation Issues

The former synagogue is an attractive, historic building and, though not listed, it is identified in the Urban Design Compendium as a significant building which contributes to the character of the conservation area. While the conversion of the existing building into residential accommodation is considered to be acceptable in policy terms, the scheme, as first submitted, was felt to be damaging to the character of the building.

Initially a scheme to form 24 residential units, it relied upon the introduction of two new in-between floors and involved the replacement of the existing full height timber sash windows on the building’s side elevations with sub-divided openings and powder coated aluminium windows. This was considered to compromise the character of both the internal space and the north and south facing elevations.

The current proposal for 17 flats involves the addition of only one subfloor, and while this still occurs half way up the existing first floor windows, the floor has been pulled back from the window in order to reduce its visual impact and to enable the existing windows to be retained. The reduction in the intensity of the sub-division also improves the character and quality of the building’s internal spaces, with more generous floor to ceiling heights and larger, more appropriately sited openings. The building’s front elevation will remain largely unchanged.

The amended scheme also does away with the previously proposed four storey extension adjacent the north west corner of the existing building to form an alternative entrance and stair tower. The building’s main entrance onto Bailey Street will provide access to all 17 apartments.

Residential Amenity

Given that the application site lies between a public house, known to stage live (acoustic) music in the evenings, and Flame Hardeners, which generates a degree of industrial noise from an evaporative cooling tower and electric generators, the use of the application site for residential purposes initially raised a number of concerns. However, a series of amendments have been made to the scheme, in agreement with the Council’s Environmental Protection Service, in order to address the noise related amenity issues, including the introduction of secondary double glazed windows and a fully ducted mechanical ventilation system. In addition, the applicant has entered into a unilateral undertaking to attenuate the windows to the

179 room at the adjoining Dog and Partridge in which live music is played, prior to the occupation of the development.

The built up nature of the application site does restrict the outlook of future residents (although those on the upper floors would currently enjoy long views across neighbouring buildings). Therefore efforts have been made to create usable amenity areas adjacent to either side of the rear block, into which the residents at ground floor level will have direct access. Moreover, it is considered that the larger than average windows on the buildings side elevations will let in satisfactory levels of natural light.

Access Issues

A stone step to the building’s entrance would make the proposed accommodation unsuitable for wheelchair users, although once inside the building, four of the six ground floor apartments could be easily adapted to mobility housing standards. The narrow footway to the front of the site could not accommodate an external ramp, the building’s basement would make it difficult to provide an internal ramp and the sloping nature of the site omits the possibility of providing an alternative level entrance. However, the reuse and retention of this character building within the City Centre Conservation Area is considered to be desirable and, on balance, outweighs the requirement to form a fully accessible residential development.

Open Space Enhancement

Policy H16 of the Unitary Development Plan requires that the developer make a financial contribution towards the provision or enhancement of public open space within a kilometre of the application site. The applicant has entered into unilateral planning obligation and agreed to pay the Council the sum of £15,146.00 upon the commencement of development. The monies will be distributed in consultation with the relevant Area Panel.

Highway Issues

The proposed development has one existing on-site service/parking bay, accessed via an existing vehicular crossing. The essentially car free nature of the development is not considered to be contentious, given the site’s central location, within easy walking distance of public transport and shopping facilities. The development does not impact on existing Traffic Regulation Orders and, given the relatively short length of footway fronting the site (approximately 10 metres), it is not considered necessary to seek footway resurfacing improvements.

180 SUMMARY AND RECOMMENDATION

This former synagogue has remained vacant for many years. Its conversion to form 17 apartments will bring back into use an attractive building which is considered to make a significant contribution to the character of City Centre Conservation Area. The change of use of the building for residential purposes complies with Council policy as it will not prejudice the dominance of industry and business in the area and, given the relatively small scale of the development, the applicant has gone to considerable lengths to respond to initial concerns relating to the building’s character and the amenity of future residents. This application is therefore recommended for approval.

HEADS OF TERMS

The Owners shall pay to the Council the sum of £15,146.00 to be used towards the provision of formal recreation space in the locality of the site.

The Owners shall, before the occupation of any of the units comprised in the development, carry out and complete the works set out in the schedule of noise attenuation at the Dog and Partridge public House, 56 Trippet Lane. Upon completion of the works, the Owners shall serve notice on the Council and validate the performance of the attenuation works in a method to be agreed.

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