Full Version of the List

SHEFFIELD CITY COUNCIL Development, Environment and Leisure Directorate

REPORT TO CITY CENTRE & EAST DATE 18/07/2005 PLANNING AND HIGHWAYS AREA BOARD

REPORT OF HEAD OF DEVELOPMENT SERVICES ITEM

SUBJECT APPLICATIONS UNDER VARIOUS ACTS/REGULATIONS

SUMMARY

RECOMMENDATIONS

SEE RECOMMENDATIONS HEREIN

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

FINANCIAL IMPLICATIONS N/A PARAGRAPHS

CLEARED BY

BACKGROUND PAPERS

CONTACT POINT FOR ACCESS Lucy Bond TEL NO: 34556

AREA(S) AFFECTED

CATEGORY OF REPORT

OPEN 2 Application No. Location Page No.

04/02650/LBC Green Lane, Sheffield, 5

04/02651/FUL Green Lane, Sheffield, 9

04/03183/FUL Mowbray Street, Sheffield, 24

04/04841/OUT Land At, Blagden Street, Sheffield, 31

05/00768/REM Former Registry Office Site, Norfolk Street And, 43 Arundel Gate, Sheffield,

05/00907/CAC Unit 1, 45 Mowbray Street, Sheffield, S3 8EN 56

05/00908/FUL Unit 1, 45 Mowbray Street, Sheffield, S3 8EN 58

05/01173/FUL Victoria Street, Sheffield, 68

05/01183/CHU The Plaza, 8 Fitzwilliam Street, Sheffield, S1 4JB 77

05/01276/OUT Former Bone Cravens, Staniforth Road, Sheffield, 83

05/01550/FUL Central Riverside, Blonk Street, Sheffield, S3 8JB, 94

05/01659/FUL St James House, Vicar Lane, Sheffield, S1 2EX 103

05/01741/FUL Land And Buildings At Brocco Street, Marsden Lane And, Upper Allen Street, Sheffield, 109

05/01793/FUL 14 Matilda Street, Sheffield, S1 4QD 124

05/01975/CHU 122 Birley Spa Lane, Sheffield, S12 4EJ 131

3 4 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: 18/07/2005

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 04/02650/LBC

Application Type a Listed Building Consent Application

Proposal Partial demolition, alterations and extension to building for use as 34no. 1 & 2-bed flats with 19 car parking spaces and 14 cycle bays at Wharncliffe Works and 86-88 Green Lane

Location Green Lane, Sheffield

Date Received 28/06/2004

Team CITY CENTRE AND EAST

Applicant/Agent Crease Strickland Parkins Ltd

Recommendation Grant Conditionally Subject to referral to the Secretary of State

Subject to:

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

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

2 The part of the complex identified on the approved plans to be demolished shall not be demolished before a binding legal contract for the carrying out of works of redevelopment of the site is made, and evidence of such a contract has been supplied to the Local Planning Authority and planning permission has been granted for such redevelopment.

5 To ensure that premature demolition does not take place and result in an undeveloped site, some time before rebuilding, which would be detrimental to the visual character of the locality.

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

In order to ensure an appropriate quality of development.

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

In order to ensure an appropriate quality of development

5 Details of the extent and specification of brick/stone repair and cleaning 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.

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 The details, specifications and finish of the new windows, including elevations and sections, shall be approved in writing by the Local Planning Authority before the commencement of development. 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.

8 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)

6 shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

9 Details of installations and alterations arising from the requirements of fire protection, means of escape, acoustic attenuation and insulation, natural and mechanical ventilation, disabled access and the provision of natural and artificial lighting shall be approved in writing by the Local Planning Authority before the development commences.

In order to ensure an appropriate quality of development.

10 Details of the design and appearance of boundary walls, gateways, steps and paths, hardstandings and other elements of the hard landscaping design shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

7 Site Location

FOR REPORT SEE 04/02651/FUL

8 Case Number 04/02651/FUL

Application Type a Full Planning Application

Proposal Partial demolition, alterations and extension to building for use as 34 no. 1 & 2-bed flats with 19 car parking spaces and 14 cycle bays at Wharncliffe Works and 86-88 Green Lane

Location Green Lane, Sheffield

Date Received 28/06/2004

Team CITY CENTRE AND EAST

Applicant/Agent Crease Strickland Parkins Ltd

Recommendation Grant conditionally subject to the completion of a Legal Agreement

Subject to:

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

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

To ensure that premature demolition does not take place and result in an undeveloped site, some time before rebuilding, which would be detrimental to the visual character of the locality.

In order to ensure an appropriate quality of development

9 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

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

In order to ensure that inappropriate alterations are avoided.

In order to ensure an appropriate quality of development

In order to ensure an appropriate quality of development.

10 10 Details of the design and appearance of boundary walls, gateways, steps and paths, hardstandings and other elements of the hard landscaping design shall be approved in writing by the Local Planning Authority before the development commences. The development shall then be carried out in accordance with the approved details.

In order to ensure an appropriate quality of development.

11 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out 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.

In the interests of the visual amenities of the locality.

12 Before the development is occupied the footways adjoining the site shall be reconstructed in accordance with the Primary Materials Palette identified in Part 5.1 of the Sheffield Urban Design Compendium, unless otherwise authorised in writing by the Local Planning Authority. Such reconstruction shall include the infilling of the existing pavement cellar heads on Cornish Street.

In order to provide an appropriate setting for the building and in the interests of pedestrian safety.

13 The vehicular access point 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 access such that there is no obstruction to visibility greater than 600 mm above the level of the adjacent footway and such splays shall thereafter be retained.

In the interests of the safety of road users.

14 The apartments shall not be used unless the car parking accommodation for 19 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.

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

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

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

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

17 At all times that 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.

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

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

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

a) Be based on the findings of 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 - 35 dB (2300 to 0700 hours),Living Rooms: Laeq 15 minutes - 45 dB (0700 to 2300 hours),

c) Include a system of alternative acoustically treated ventilation to all habitable rooms.

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

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

20 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.

21 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.

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

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

23 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 arisings. 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.

13 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.

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

To ensure satisfactory drainage arrangements.

25 The development shall be carried out in accordance with the submitted Flood Risk Assessment unless otherwise approved in writing by the Local Planning Authority.

In order to avoid flood risk.

26 No development work, including ground clearance and demolition work shall take place unless and until the developer, their agent or their successor in title has secured the implementation of a programme of building recording and archaeological monitoring 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 access is available for monitoring work and for recording any finds/features revealed.

27 Prior to the commencement of any work on site, a detailed scheme for the foundation design and all new ground works shall have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details.

To ensure that ground disturbance is restricted to a minimum and is carried out in the agreed manner to preserve archaeological remains in situ.

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.

BE5 - Building Design and Siting BE16 - Development in Conservation Areas BE17 - Design & Materials in Areas of Special Character or Historic Interest BE19 - Development affecting Listed Buildings MU9 - Kelham Mixed Use Area MU11 - Conditions on Development in Mixed Use Area

14 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

1. 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 Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.

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

3. 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:-

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

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

4. 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

15 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.

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

6. 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.

7. The applicant is advised that a review of the Traffic Regulation Orders adjoining the site will need to be undertaken to ensure satisfactory access arrangements. This review will need to be funded by the developer.

16 Site Location

LOCATION AND PROPOSAL

The site comprises Wharncliffe Works, which is a Grade 2 listed building fronting Green Lane and Cornish Street, within the Kelham Island Conservation Area. The complex sits adjacent to two other significant listed building complexes, namely Globe Works to the west and Cornish Place to the east. This group of buildings, together with Brooklyn Works further west and Cornish Works to the north, form one of the most important group of listed buildings in the Conservation Area.

17 Opposite the site to the south, on a former garage site, work has started on a mixed residential and business development ranging between four and six storeys high.

Wharncliffe Works was established in 1861 and was originally utilised for the production of stove grates and fenders, until 1901. It currently only houses a few small enterprises, although one range of the building has suffered fire damage and is unoccupied.

The buildings are constructed in brick, with stone sills and string courses, under a slate roof. There are both sash and casement windows, the majority of which are not original, and the entire complex is in a relatively poor state of repair.

The scheme includes the demolition of a substantial but non original outbuilding within the courtyard, which also has a gable front to Cornish Street. The main original ranges of the building fronting Green Lane and Cornish Street would be refurbished and external metal walkways would be attached on the courtyard face to provide access to the flats. A new-build element would be added in the courtyard area running at right angles to the adjoining redundant wing of Globe Works and a further element is proposed as an extension to Cornish Street in place of the demolished outbuilding. This element would be of entirely contemporary design and finished in an anthracite eternit rain screen cladding panel system and substantial areas of glazing.

REPRESENTATIONS

English Heritage (12.8.2004) made the following comments:

‘We welcome the prospect of this key conservation area building being brought back into good repair and sustaining use. The height, footprint and siting of the new block in the courtyard appears likely to dominate the listed building. There may be benefits in siting any new build closer to the rear site boundary, so that there is greater separation from the rear of the listed building. The courtyard block employs both contemporary and historical proportions in its fenestration. We see no need to repeat historical forms and suggest that a more coherent range of fenestration may improve the design of the block. The importance of the staircase should be assessed before a decision is taken on its removal.’

The Conservation Advisory Group (20.7.2004) stated that:

‘there was no objection in principle to the proposed change of use, but felt that there was no reason why the windows could not be re-instated and commented that the proposed colour of the replacement windows was inappropriate for the listed building. The group felt that the roof and gutter line of the proposed new building on Cornish Street should be stepped down and the proposed new building in the courtyard was far too close to the existing Cornish Street building, which also resulted in the planting being located in inappropriate spaces. The group also felt that the proposed glazing of the cart arch was inappropriate and that traditional

18 gates to the arch should be retained, with a new tradesman’s entrance and that the loss of entrances through the scheme was excessive. The Group was encouraged to see a scheme for this important building, but felt that this scheme would not enhance the character or appearance of the listed building.’

The Ancient Monuments Society stated that:

‘We know the site well and having studied the plans feel that the principle of the scheme can be accepted.’

PLANNING HISTORY

98/1106P and 98/1107P – Listed Building Consent and planning permission were granted early in 1999 at Wharncliffe Works and Globe Works for the refurbishment of buildings, including partial demolition to form offices, consulting rooms and car parking to be used for community based health care services.

The scheme involved a larger site than that covered by the current applications as it also involved part of the Globe Works complex. However, the scheme was never implemented and consent has now expired.

PLANNING ASSESSMENT

Policy Issues

The site falls within the Kelham Mixed Use Area as defined in the adopted Unitary Development Plan as well as in the Kelham Island Conservation Area.

Policy MU9 lists housing as being a preferred use and as such the development is acceptable in principle. This is subject to meeting the criteria listed in Policy MU11, which seeks to ensure that a degree of variety is preserved or created in mixed use areas, that living conditions for residents are satisfactory, schemes are well designed and are served adequately by transport facilities and appropriate off- street parking.

Policies BE5, BE15, BE16, BE17 and BE19 seek to ensure good building design and also to preserve or enhance the character of conservation areas and listed buildings. Development which would harm the character or appearance of the conservation area or the listed building would not be permitted. These issues are discussed in more detail in the following sections.

Highways Issues

The scheme is considered to be acceptable in highway terms. Vehicular access to the site is gained from Green Lane, adjacent to Globe Works and egress is onto Cornish Street underneath the new-build element of the scheme. A total of 19 car parking spaces are provided for the 34 flats. These are provided within the

19 courtyard area, including beneath the new build elements of the scheme, which are built on stilts and have no accommodation at ground floor level.

It would not be physically possible to locate additional car parking spaces on this site, unless a basement area was formed, and this would be damaging to the integrity of the listed building. This level of car parking provision is considered to be acceptable in this highly accessible location, which is in close proximity to Supertram and to major bus routes. It is also within easy walking distance of the city centre. Cycle parking for 14 bikes is also provided within the secure courtyard area.

Conservation and Listed Building Issues

It is not considered that the demolition of the steel-framed building, which currently occupies the courtyard and has its gable end fronting Cornish Street would harm the conservation area. It is not of historic importance when compared to the remainder of the site, as evidenced in the archaeological building appraisal submitted with the scheme. Its removal allows for the introduction of a sensitive new-build element to the proposals.

The refurbishment of the Wharncliffe Works complex is to be welcomed in principle. Members will be aware that authority has previously been given to seek urgent repair works to the building. It is imperative that a new use for the complex is found in order to ensure the building’s long-term future.

The works to the original buildings which are to be retained do not involve significant alteration other than building fabric repair, window renewal and internal partitions, together with the external walkways which were characteristic of this type of building.

The architects have deliberately set the new-build wing back from the site boundary in order to try and ensure that the gables of Globe Works and Wharncliffe Works remain dominant. They consider that the new wing will close views into the site and satisfactorily complete the building group. This view is accepted and, in particular it is considered that the new wing will add positively to the overall character of this part of the conservation area as there is considered to be something of a void between Wharncliffe and Globe Works at present, which the new-build element will help to plug.

A number of amendments and/or clarifications have been sought in respect of the proposals. The stair at the corner of Cornish Street / Green Lane to be removed is a relatively recent metal stair. The flight from Green Lane to the first floor of the Green Lane Wing is original. Whilst its removal is regretted it is considered that the overall conservation benefits of the scheme outweigh its loss. The architects have confirmed that the chimney pots that have been lost are to be replaced.

The new low wall along Cornish Street has been changed from render to brick and the roof covering of this extension has been changed to slate. The original doors on Green Lane that were depicted as windows have been revised to ‘dummy’ panel doors. The timber gates to the main cart entrance are not to be retained and

20 a glazed screen is considered acceptable in order to make the scheme work, although the original ‘slot’ into which the original sliding door went, will be retained.

The metal windows that were previously proposed on the Green lane and Cornish Street elevations have been replaced with traditional timber sliding sashes in line with those that were likely to have been original to a building of this era and function. The windows on the courtyard elevations are to be metal and given that the proposal involves the removal of non-original windows and that these windows will be largely unseen from public view, this is considered to be an acceptable compromise. Planning Policy guidance 15 supports the principle that the reinstatement of features that were deliberately superseded by later historic additions should be avoided.

The overall size of the new courtyard block has not been reduced, although its eaves detail has been altered and in particular the fascia depth reduced. The highest point of the leading edge of this block is 1.1 metres above the ridgeline of the main Wharncliffe range although its monopitch construction means that the back edge is lower than the roofline.

This relationship is considered to be acceptable and in line with the guidance contained in the Urban Design Compendium which refers to a general maximum height of 5 storeys within the Kelham area. The height of the block will not, in any event, be discernible from outside the courtyard as the narrowness of surrounding streets is such that the original building ranges will mask its view.

The proximity of the new courtyard block to the rear range of the listed building is an important consideration and whilst it is in close proximity it is considered that this is the right approach for this site. An alternative would be to bring the extension closer to the Green Lane/Penistone Road frontage but it is considered that this would detract from the unusual angled gable end of Wharncliffe Works and the grander scale of Globe Works. The viability of the scheme is dependent on this block and the benefits are considered to outweigh the disbenefits.

Archaeology

The application was supported by the submission of an archaeological buildings appraisal. Wharncliffe Works dates from the mid nineteenth century and was established in 1861 by a company specialising in the manufacture of stoves, grates and fenders. By 1959 the site was occupied by a sheet metalworking company, who retained ownership of the site until late 1988.

The appraisal indicates that the deep basements and foundations are likely to have destroyed any evidence for earlier periods of occupation around the south and eastern edges of the site and that it is unlikely that there would be earlier remains beneath the courtyard area. However a building recording and monitoring condition is proposed, together with a condition to cover foundation design in case any remains are subsequently discovered.

21 Residential Amenity

The application was supported by the submission of a noise report which assessed the existing noise levels in the location and makes recommendations in respect of achieving satisfactory noise levels. The site is affected by road traffic noise and a small degree of industrial noise from adjacent premises.

Under the criteria set out in Planning Policy Guidance Note 24 (Planning & Noise) the site falls largely within Noise Exposure Category B during the day and night, in respect of traffic noise. Where sites fall within Category B the guidance states that noise should be taken into account when determining planning applications and, where appropriate, conditions imposed to ensure an adequate level of protection.

The noisiest face of the building is clearly Green Lane as this faces the main dual carriageway of Penistone Road. At the time of the noise readings work had not commenced on the residential development on the opposite side of Green Lane. It should, therefore, be borne in mind that noise levels at Wharncliffe Works are likely to drop as a result of this development because it will have the effect of shielding the road traffic noise to a certain extent.

The noise survey detected a small degree of industrial noise and associated lorry movements etc but nothing on a scale that would be audible within the flats and nothing that would be likely to give rise to complaints from future residents.

The survey concludes that the flats can be adequately protected from noise by the introduction of double or secondary glazing, supported by assisted ventilation on the noisiest faces of the building. These requirements are covered by condition.

Some of the window to window distances from the refurbished block to the new- build wing in the courtyard are limited, although this is restricted to bedrooms only. At the tightest point this distance is 7.5 metres, although this is at an angle rather than a direct view. There are no such window to window issues in relation to main living room windows. It should also be recognised that the intimate scale of these narrow streets, characteristic of the conservation area, have resulted in similar window to window distances, particularly where developments face each other across streets in other parts of the area.

Access Issues

The 13 dwellings within the new-build wing of the development will be fully accessible as this part of the development accommodates a 12 person lift. This equates to 38% of the overall total of flats and is in line with policy requirements.

22 Flood Risk

The site falls within Zone 3 of the Environment Agency’s Flood Plain maps and as such the applicant was required to submit a Flood Risk Assessment to support the application. Analysis of the potential 1 in 100 year flood event indicates a potential flood level of 50.298m above ordnance datum (AOD). Finished floor levels within the refurbished element of Wharncliffe Works are proposed at 50.720m AOD, with the new-build a full storey higher than this as there is no ground floor accommodation in this element of the scheme. The Environment Agency have confirmed that the proposed floor levels are acceptable and a condition is attached to ensure compliance with the recommendations of the Flood Risk Assessment.

Open Space

The area is highly deficient in the provision of public open space. In line with policy H16 of the Unitary Development Plan, together with Supplementary Planning Guidance on Open Space Provision in new Housing Developments and the City Centre Living Strategy the applicant is required to make a contribution towards the provision or enhancement of public open space within the vicinity of the site. In this instance the figure is £33,094.

Public Art

Policy BE12 of the Unitary Development Plan states that works of public art will be encouraged as an integral part of the design of major developments. A condition is, therefore, attached to secure the inclusion of public art within the scheme.

CONCLUSION & RECOMMENDATION

The refurbishment and re-use of this important and prominent listed building complex within the conservation area, which is immediately adjacent to Cornish Place, a grade 2* listed building complex and a group of other important Grade 2 listed buildings, is a welcome addition to the large number of regeneration projects which are being undertaken in the area at the present time.

It is considered that the scheme as a whole represents a sensitive combination of refurbishment and contemporary architecture in line with the guidance contained in the Urban Design Compendium and UDP policies.

It is therefore recommended that listed building consent be approved subject to the clearance of the secretary of state (due to the demolition involved) and that planning permission be approved subject to the completion of a legal agreement.

HEADS OF TERMS

The developer shall contribute a total of £33,094 towards the enhancement of public open space within 1 kilometre of the site in line with approved Supplementary Planning Guidance.

23 24 Case Number 04/03183/FUL

Application Type a Full Planning Application

Proposal Alterations to building to form 10 apartments (Nos 3-7)

Location Mowbray Street, Sheffield

Date Received 04/08/2004

Team CITY CENTRE AND EAST

Applicant/Agent T Birchall

Recommendation Granted conditionally subject to the completion of a Legal Agreement

Subject to:

1 The development shall be begun not later than the expiration of five 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 All external doors shall be traditional four panelled doors with recessed panels or alternatively raised and fielded panels, and replacement windows shall be fitted in existing positions with deep reveals.

In the interests of the visual amenities of the locality.

4 Notwithstanding the submitted noise report, the residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall: (a) Be based on the findings of an approved further noise survey of the application site, including an approved method statement for the further noise survey, (b) Be capable of achieving the following noise levels: Bedrooms: Noise Rating Curve NR25 (2300 to 0700 hours), Living Rooms: Noise Rating Curve NR35 (0700 to 2300 hours),

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

5 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.

6 Before the use of the development is commenced a Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority. Such Validation Test shall: (a) Be carried out in accordance with an approved method statement, (b) Demonstrate that the specified noise levels have been achieved. In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further scheme of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

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

7 The flats shall not be occupied unless 1500mm wheelchair turning circles have been provided as shown on the drawings hereby approved, and in those flats all doors shall be set within a 900mm structural opening to give 800mm clear opening width, and the accommodation shall not be provided otherwise without the prior written approval of the Local Planning Authority.

In order to provide Mobility Housing Accommodation in compliance with Policy H7 of the Unitary Development Plan and with the Council's Supplementary Planning Guidance.

8 The flats shall not be occupied unless secure under cover cycle parking accommodation has been provided in accordance with the drawings hereby approved.

26 In the interests of convenience, security and cycle usage generally.

9 The flats shall not be occupied unless the existing brick wall to the River Don boundary is retained to a minimum height of 48.6m above Ordnance Datum.

In order to reduce the risk of flooding of the proposed flats.

Attention is drawn to the following justifications:

IB6 - Development in Fringe Industry and Business Area IB9 - Conditions on Development in Industry and Business Areas BE16 - Development in Conservation Areas H2 - Locations for Housing Development H7 - Mobility Housing H12 - Housing Sites H16 - Open Space in New Housing Developments

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 2734215 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

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

2. 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.

27 3. You are advised that the Northern Section of the Inner Relief Road is currently under construction close to the site. Further details of the scheme are available from Richard Skelton (Transport Planning) Tel: 273 4479.

Site Location

LOCATION AND PROPOSAL

28 This building forms part of a 3 storey terrace with basement next to a public house, backing on to the River Don near the corner of Mowbray Street and Corporation Street.

The proposal is to alter and convert the building to form 6 x 1 bedroom and 4 x 2 bedroom flats on 4 floors, with new windows and doors front and rear and new balconies to the rear first floor windows. Some flats have access from the street and others round the back via a shared access with the adjoining flats, which have recently been similarly converted.

HISTORY

The buildings have been in use as bedsitters for many years. Before that the ground floors were in retail use. The shop fascias and pilasters are still intact, but the shop windows have been poorly infilled in brick with modern doors and windows.

No’s 9-13 next door have been converted to flats under a similar permission of 16 September 2003.

REPRESENTATIONS

2 letters received in support of the proposal, subject to sound attenuation being satisfactory.

PLANNING ASSESSMENT

Policy Issues

The site lies within a Fringe Industry and Business Area in the Unitary Development Plan, and Policy IB6 lists Housing as acceptable. Policy IB9 requires that new development should not prejudice the dominance of industry and business in the area, and residents should not suffer from unacceptable living conditions. The site also lies within the Kelham Island Conservation Area. Policy BE16 requires new development to preserve or enhance the character or appearance of the Conservation Area, and also requires buildings making a positive contribution to be retained. Policy H7 requires at least 25% of flats in a scheme to be Mobility Housing. Policy H16 requires a financial contribution towards the provision of local open space where none is provided in the development.

Land Use

29 The buildings were last occupied residentially, and this proposal would not adversely affect the dominance of industry locally. The reuse as proposed is likely to contribute to the revival of the area.

Flood Risk

The site is on the edge of Flood Zone 3 as defined by the Environment Agency, but the land rises across Mowbray St towards Bridgehouses, an area not subject to flooding.

Some flood risk information accompanies the application, but it falls short of being a flood risk assessment as it does not confirm the water level for a 1 in 100 year flood. However, the Environment Agency require that the lower ground floor should be above 48.6m above Ordnance Datum if it is to be occupied residentially.

The applicant has confirmed that the lower ground floor is at 48.84m AOD, and this is considered satisfactory.

There is a brick boundary wall to the river bank 1.7 metres high giving satisfactory protection, provided that it is retained to a minimum level of 48.6m AOD. This is required by condition.

Design

The revised drawings show a number of improvements that make the proposal acceptable. The ground floor windows now line up with those above and have traditional reveals. Front doors have four recessed panels, and traditional reveals. Rooflights are now the conservation type. The extent of floor areas with full-height ceilings is confirmed and acceptable. A detail of the secure cycle store is provided.

Noise

The submitted noise report applies to the buildings next door at 9-13 Mowbray Street, and identifies the site as being within Noise Exposure Category C, with traffic noise as the dominant source of noise. Category C sites are considered noisy, but satisfactory living conditions can be provided with appropriate sound attenuation and alternative ventilation.

However noise from the public house next door, where live bands play amplified music, is not covered by the report. A further noise report is required but it is considered that a satisfactory internal environment can be achieved.

A package of conditions covers noise nuisance from both these sources.

30 Mobility Housing

All doors have 800mm clear opening widths, and 4 out of 10 flats have 1500mm wheelchair turning circles in the bathrooms. The scheme provides a good level of mobility housing.

Highways

No car parking is provided or required for this car free-development. A secure under cover cycle store is proposed in the rear yard.

Financial Contribution

There is no open space nearby at present. A sum of £9,455 is required towards the provision of a riverside walk in the Kelham area. This is secured by a unilateral planning obligation accompanying the application.

RESPONSE TO REPRESENTATIONS

None.

CONCLUSION

The proposal represents a welcome investment, completing the enhancement of a prominent and interesting group of buildings in the Kelham Island Conservation Area. It complies with relevant planning policies, and the revised design will mean a much-needed improvement to their appearance.

RECOMMENDATION

Grant, subject to the recommended conditions, and subject to the receipt of a Planning Obligation with the following Heads of Terms:

31 - The applicant shall pay to the Council on or before the commencement of the development the sum of £9,455 to be used for open space provision in the vicinity of the site. - In the event of the development being unreasonably delayed the sum due shall be increased in line with inflation over such period of delay.

32 Case Number 04/04841/OUT

Application Type an Outline Planning Application

Proposal Residential development

Location Land At, Blagden Street, Sheffield

Date Received 30/11/2004

Team CITY CENTRE AND EAST

Applicant/Agent Fairport Properties Ltd

Recommendation Grant Conditionally

Subject to:

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

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

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

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

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

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

4 Before work on site is commenced, details of a suitable means of site enclosure shall be submitted to and approved in writing by the Local Planning Authority and the dwellings shall not be used unless such means

33 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.

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

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

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

To prevent pollution of the Water Environment.

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

To prevent pollution of the Water Environment.

9 Unless otherwise authorised in writing by the Local Planning Authority, surface water discharge from the completed development site shall be restricted to a maximum flow rate of 8 litres per second and before the development is occupied, written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

10 Prior to the occupation of the proposed dwellings all works detailed in a report 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.

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

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

Highway Improvements: footway/lighting improvements, traffic calming to Blagden Street and bus stop works.

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

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

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

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

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

14 At all times that development is 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.

15 Before the development is commenced, details of the means of ingress and egress for vehicles engaged in the construction of the development shall have been submitted to and approved in writing by the Local Planning Authority. Such details shall include the arrangements for restricting the vehicles to the approved ingress and egress points. Any deterioration in the highway attributable to the construction or remediation works shall be rectified by the developer in accordance with a scheme agreed with the Local Planning Authority.

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

16 Prior to any remediation or construction work being carried out , full details showing how surface water will be prevented from spilling on to the public highway or off the site shall have been submitted to and approved in writing by the Local Planning Authority.

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

17 Prior to the erection of any dwellings the site shall be reclaimed in accordance with the recommendations of the report, dated March 2005 by Wardell Armstrong and shall not be varied without the written agreement of the Local Planning Authority.

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

18 Prior to the commencement of the remediation work full details of a remediation strategy which shall include methods of working, management of waste on site, the means to protect adjoining occupiers from noise, dust, smells or vibration, the stockpiling of material, frequency of sampling, use of machinery and control of emergencies, shall have been submitted to and agreed in writing with the Local Planning Authority.

To ensure the safe development of the site.

19 Prior to the commencement of remediation a complete asbestos (or asbestos containing material), survey of the site shall be carried out and submitted to the Local Planning Authority to be agreed in writing. Removal of asbestos shall only be in accordance with an agreed procedure.

To ensure safe development of the site.

20 Details of an area of open space, which shall be no less than 10% of the site area and shall include details of its use and any structures to be erected upon it, shall be included with the reserved matters submission for the siting of the dwellings hereby approved. This condition shall not preclude an agreement being reached with the Council for some alternative means of providing the requisite open space either on another site or by way of a contribution towards the provision or improvement of facilities on another site.

In order to meet the requirements of Policy H16 of the Unitary Development Plan.

21 Reclamation or construction on the site or any other work, shall not take place outside the hours 0800 to 1800 hours Monday to Friday and 0800 to 1300 hours on Saturdays. No work shall take place on Sundays and Bank Holidays.

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

Attention is drawn to the following justifications:

I B7 - Development in Business Areas IB9 - Conditions on Development in Business Areas Planning Policy Guidance Note 3: Housing Planning Policy Statement 6: Planning for for Town Centres

Attention is drawn to the following directives:

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

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

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

Development Services Howden House 1 Union Street Sheffield S1 2SH

For access crossing approval you should contact the Highway Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.

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

4. The applicant is advised to contact the Council's Department of Design and Building Services (Drainage and Bridges Division), 2-10 Carbrook Hall Road, Sheffield, S9 2DB (Telephone Sheffield 2734456) to seek approval for the proposed drainage arrangements, as soon as possible, prior to the commencement of development.

5. The applicant is advised that before development commences it will be necessary to make an application for a Waste Disposal Licence to the South Yorkshire Hazardous Waste Unit, Elm Bank House, 72 Alma Road, Rotherham S60 2BU (Telephone No. (01709) 382121).

6. 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.

38 Site Location

INTRODUCTION

This application was submitted after considerable informal consultation. The proposal does not comply with Policy IB7 Development in Business Areas of the Unitary Development Plan, and has been advertised accordingly as a departure from the provisions of the adopted plan.

39 LOCATION AND PROPOSAL

The site is currently occupied by industrial premises and the use is within Use Class B2, (General Industry, of the Town and Country Planning Use Classes Order 1987) and by a motor repair workshop. Adjoining the site to the south and west are a mix of mainly houses with some commercial premises. This adjoins Duke Street and is shown as a Housing Area on the development plan map.

To the north and east of the site the land rises steeply and is Open Space.

To the south east and at a higher level than the application site is the remainder of the land which is allocated as the Business Area. This also contains a number of industrial uses also within Use Class B2.

A small piece of land to the north, in City Council ownership was given permission for a development of 8 maisonettes in 2002 (02/00420/RG3). This site is also within the Business Area and remains currently undeveloped.

The site itself is fairly level but overall the land rises up from Duke Street and continues to rise up from Manor Oaks Road. The site is higher than some of the adjoining houses. This is principally due to a historic landfill operation following the use of the land as a brickworks.

The application is in outline with all matters reserved. The plan submitted is indicative and for information only to show that development in some form can be accommodated on the site.

SUMMARY OF REPRESENTATIONS

Two letters have been received from the public, raising the following issues:

- concerned that the height of buildings will be excessive taking account of changes in land levels. There is potential for buildings to be 60 feet higher than current land levels on Manor Oaks Road.

- concerned about how much traffic the development will bring into the area and the impact of it. There are already parking and traffic dangers in the area. Streets are under pressure from the limited amount of parking space.

- The noise of building will disturb shift workers and sleeping children during the day.

- The dwellings could be sold to private landlords and housing associations whose tenants would cause disruption in the area. They would not look after the

40 property and the occupiers would be constantly changing. (not a planning issue).

The applicants have submitted a statement setting out the business situation.

They wish to move from the site to another within the Sheffield area. They currently employ 42 people and want to expand in more suitable modern premises. The condition of the existing buildings and the problems of vandalism and security do not encourage this. They are aware that access to the site by heavy goods vehicles through adjoining streets causes problems for residents.

PLANNING ASSESSMENT

Policy Issues

There are a variety of policies to consider in this case. The Unitary Development Policy IB7 Development in Business Areas, has Housing on its unacceptable menu and the proposal is a clear departure from the policy. However, since the policy was made there have been some changes in the context of this policy.

Planning Policy Guidance Note 3 (Housing) and the recent amendments, is the main government guidance with its aim of housing being provided on previously developed or brownfield land. The recent revisions to this guidance have re- affirmed this particular aspect. The implications for the city are set out in the regional planning guidance, The Regional Spatial Strategy, with a general requirement for the City to find more housing sites on former industrial land.

This has to be balanced against providing land for industry and business. More recent government advice in Planning Policy Statement 6 (Planning for Town Centres) requires office development within Use Class B1 to be located in support of existing centres and not in isolation. The implication of PPS6 is that the Business Area designation in The Unitary Development Plan is not now appropriate and that other uses for the land may be appropriate, provided that other policy aspects are satisfied.

In Policy IB9 (Conditions on Development in Industry and Business Areas), criterion (a) which deals with preserving the dominance of the preferred use may not apply, but criteria (b) and (f) do. These deal with protecting living conditions and safe transport access.

On balance therefore the use of this site for housing has some policy support as part of the emerging development planning framework.

Highways and Traffic Issues

The 19th century street pattern which adjoins the site makes access to the existing uses by heavy goods vehicles a problem for local people. The problems

41 highlighted by the local resident and the applicants on traffic matters are accepted. Later this year traffic calming measures will be introduced as road humps on Blagden Street and Manor Oaks Road as part of the Wybourn Child Safety Zone. Signs restricting traffic speeds to 20mph have proved unsuccessful in reducing speeds and deterring through traffic.

Comments by local people on this particular scheme have shown concern for traffic problems and some concern that the new development will cause traffic generation which will make the situation worse. This would seem unlikely.

The indicative plan shows 36 flats and 20 houses on a site of 1 hectare. This site density generally shows a good use of the site in terms of the requirements of P PG3 and also shows enough parking can be provided to ensure residents do not take up any space in the adjoining streets. Not all residents’ vehicles would be on the road at once and are not likely to have as great an impact as the vehicles generated by the current land use during working hours. There are no controls over hours of operation and theoretically the site could be used for 24 hours. Whilst the existing use has a considerable amount of on-site parking, possibly some employees may park on nearby streets instead of on the site. These cars will be removed from the area if the company moves.

The streets are suitable for residential traffic access to the site although a suitable highway design for any new street or access to the existing will be necessary at a detailed application stage.

In transport terms the site is in a fairly sustainable location. Duke Street is a major bus route and is approximately 65m away. The railway station and Supertram stop are approximately 1km walking distance with city centre shopping another 400m. This is nearer than the shops at Manor Top.

There are local shops on Duke Street and City Road. Schools are nearby on Manor Lane and Manor Oaks Road.

The impact of the development on local people from a traffic point of view will be considerably less than at the moment and many facilities are within a walk easy access by public transport.

Residential Amenity Issues

Existing residents live near to industry at the moment both on the applicants’ site and on the other land which is at a higher level. The removal of the industry from this site should result in some improvements to living conditions from reduced noise and disturbance from working noise and traffic.

The proximity of the industry at higher level has implications for the pro

42 posed dwellings and a noise impact report will be required when a detailed application is submitted. Advice from the Environmental Protection Service would indicate there is no serious problem.

The physical impact of the proposed dwellings on existing housing will be relevant when a reserved matters application is considered. There are changes in levels which will have to be taken into consideration when a final layout is produced.

Open Space Issues

A contribution to open space provision using the methodology set out in Policy H16 (Open Spaces in New Housing Developments) will be required of the eventual developer of the site. The location where the money will be spent will be taken from the Area Panel’s priority list. A condition is recommended to ensure the money is collected by a Section 106 Agreement following a decision on an application for approval of details which will specify number and type of dwellings.

Ground Conditions Issues

The applicants have submitted a report setting out the problems of the site which are similar to those of many industrial sites in the city, showing the residues of a number of industrial pollutants which could present a danger to workers during construction/demolition, as well as future residents. The report also identifies an adjacent refuse tip, former use of the site as a brickyard and kiln and the presence of some asbestos observed on the surface. The land is essentially made ground but is considered stable.

For the eventual development of the site, it is essential that the recommendations of the report are followed. It recommends work on the site which will involve on site cleaning up of some material, the removal of others to a licensed landfill/disposal site and capping of the site at the completion of the process. The process will require licensing by the Environment Agency plus other controls by the City Council.

There are implications for the detailed layout of a housing development on the site. The report recommends that the site would be more appropriate for a development mainly with a hardstanding throughout the open areas. Landscaping would need protecting by membranes or the whole of the open areas covered by a layer of clean soil.

Prior to any work on site commencing including demolition, a remediation strategy will have to be agreed and a condition is recommended.

43 Drainage

There are implications for drainage of surface water in the Site Investigation Report. This could not be put into any on-site sustainable urban drainage system but would have to be taken away into a surface water sewer. It would be unsafe for any material to be washed off the site or water to percolate through polluted ground. It is also likely the flow would have to be restricted and balancing tanks constructed on site.

There are also pipes crossing the site which will have to be accommodated in any layout.

RESPONSE TO REPRESENTATIONS

These have been mainly answered within the main body of the report.

However, the height of buildings will only be properly resolved at the detailed stage when a layout is agreed. Remediation may affect land levels also.

The occupancy of dwellings proposed for the site is unknown at this stage and is not a planning consideration. The area is already fairly noisy, taking into consideration the amount of traffic on Duke Street and the existing works. The development of the site for housing would at least reduce some traffic levels and background noise from industry.

SUMMARY AND RECOMMENDATION

The use of the land for housing was not originally envisaged for this site when the development plan was prepared. However, the changes to government guidance and the needs of the site occupier, have produced an opportunity to develop a site fairly close to the city centre in a sustainable location.

There is now policy support for a change of use and an opportunity for the owners to move their production to a more efficient site. The long-term impact will improve the living environment for local people as well as reclaiming a site polluted by a history of industrial use. If the site were to be abandoned for any length of time vandalism and pollution problems would have a serious impact on the neighbours.

The application is recommended for grant subject to conditions

44 45 Case Number 05/00768/REM

Application Type an Approval of Reserved Matters

Proposal Erection of 1 x 10/32-storey building with use of ground floor for Class A1, A3 and A4 purposes with 322 apartments above and basement car parking

Location Former Registry Office Site, Norfolk Street And, Arundel Gate, Sheffield

Date Received 02/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Conran And Partners

Recommendation Grant Conditionally

Subject to:

1 Before the development is commenced, details of the following shall be submitted to and approved in writing by the Local Planning Authority:

a) facing materials b) landscaping c) the green wall d) external paving and steps e) the glazed public lift f) external lighting g) all canopies h) public artwork i) mobility standard flat provision

The approved details shall thereafter be implemented on site unless otherwise authorised in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

2 The development shall not be used until the following items have been provided:-

a) the public lift b) external paving and steps c) external lighting d) canopies e) disabled parking spaces f) cycle storage

46 In the interests of the amenities of the locality.

3 The roof garden and green wall shall be provided before or during the first available planting season following the use of the buildings.

In the interests of the amenities of the locality.

Attention is drawn to the following justifications:

BE15 - Areas and Buildings of Special Architectural and Historic Interest BE16 - Development in Conservation Areas BE19 - Development affecting Listed Buildings

47 Site Location

PROPOSAL AND LOCATION

The land was previously the site of the Register Office but this has now been demolished and the land excavated to take levels down to those of Arundel Gate. A new office block (Office 1) is under construction to the north west, beyond which lie the Peace Gardens. The Winter Garden is situated to the north, which is 18 metres away at its closest point. The Novotel lies to the north east. To the south there is a car park and the Yorkshire Grey public house but the Masterplan shows

48 that the intention is to build a multi-storey car park with ground floor retail uses on this land.

A new public square (St. Paul’s Place) is being constructed between Office 1 and the application site, and Millennium Square adjoining that.

When first submitted in March 2005 the proposal included 279 apartments above shopping/food and drink uses with active frontages to Arundel Gate and St. Paul’s Place, basement parking with the building rising to 22 storeys.

The application was however, amended on 21 June for reasons which are explained later. The bottom floors are unchanged, comprising Class A1, A3 and A4 uses but there are now 322 apartments divided approximately 50/50 between 1 beds and 2 beds. The apartments are contained in two separate blocks; the lower block runs parallel to and adjoins St. Paul’s Place and has nine residential floors. The second and taller block is on the Arundel Gate frontage and has 31 residential floors which, combined with the ground floor retail, gives a height of 32 storeys (although effectively 53 storeys as the ground floor is double height. The actual height above Arundel Gate ground level would be 98 metres.

Between the two blocks a roof garden is proposed coupled with a ‘green wall’ to the wall of the retail base facing the new access road between the building and the Novotel. At the opposite (south) side of the building a new flight of stone steps would be constructed to allow public access between Arundel Gate and St. Paul’s Square. A glass lift would be provided here to enable access for all.

PLANNING HISTORY

The Heart of the City project was conceived around 1995 to help kick-start the economic and physical regeneration of the City Centre. In 1996 a Masterplan had been prepared for the Council by Terry Farrell and Partners and this formed the basis of a bid for public money to the Millennium Commission.

In November 1996 outline planning permission was granted for the Heart of the City development (ref: 96/0836P). The following estimates of floor space for the various uses granted permission were given:

Offices - 33,000m²

Museum - 5,000m

Hotel - 11,000m² (about 200 bedrooms)

Retail - 2,400m²

Winter Garden - 2,500m²

In October 2000 this planning permission was renewed. However, the permission varied from the original in two respects. Firstly, housing was included as a

49 proposed use and secondly the extension of the underpass, which exited at Furnival Square, to provide vehicular access to the site, was dropped.

In 1998 full planning permission was granted for the Millennium Gallery and Winter Garden (ref: 98/0107P).

The planning application for the 156 bedroom hotel between the Town Hall and Winter Garden was subject of considerable public interest (ref: 02/04021/FUL) before permission was granted in February 2003. This will be opening in November.

A further outline planning permission was granted in October 2003 (03/02057/OUT) for that part of the Heart of the City which did not already benefit from full planning permission. This application is the first development in that outline application boundary to come forward for approval. The outline application included a new Masterplan prepared by Allies and Morrison setting out key design principles, which shows a residential development on this part of the site.

REPRESENTATIONS

Following the amendment of the application, consultation and publicity for the proposals was carried out again. Any additional responses which are received prior to the meeting will be reported verbally or by supplementary report.

Representations received in respect of the original submission:

Sheffield Conservation Advisory Group

The Group felt that there was no objection to the principle of siting a tall building in the Heart of the City area, but the tower should not be sited at the particular location in question as it would cast a shadow on the Winter Garden, particularly in winter and the planning application should be subject to a thorough shadow study regarding the tower. The Group felt concerns in terms of its dominance of the Town Hall, regarding the view of the tower from the corner of Church Street and Leopold Street, looking towards the Town Hall and concern at the possible chequer-board” appearance of the tower. The Group regretted the elimination of a possible pedestrian route to the north of the tower and felt that the scheme did not preserve or enhance the City Centre Conservation Area. The Group recommended that the model of the scheme, displayed at this meeting, should be put on public display.

The Commission for Architecture and the Built Environment – CABE

CABE are reviewing the revised proposals on 6th July and will provide their views in time to be reported at the Board meeting. A CABE officer also visited the site on 5th July to assist understanding of progress on the Heart of the City plans as a whole and how the revised proposals would sit in the wider setting. Their comments on the original proposal were:-The servicing road on the western side of

50 the block places a constraint on the route between the centre and the railway station and is unfortunate. It is vital that the steps, to the western side of the site, form a legible element from Arundel Gate along this route to draw people up to the new open space and city centre beyond.

Clearly a tall building in this location would have a significant presence in Sheffield and will need to be of the highest design quality – we do not believe this proposal has met this challenge.

It was the panel’s view that the approach suggested by the glazed curtain walling could be successful in leading to an architecturally convincing site response, rather than the cladding proposed for the courtyard elevations.

The aspiration to provide an active street frontage to both the new square and Arundel Gate is well intentioned but this must be dealt with in the round as part of a strong diagram of how this plot of land can best accommodate a tall building.

The panel wish to repeat CABE’s original concerns that this proposal does not provide a tower but rather a slab block. There appears to us to be no benefit from the U-shape this proposal (with a small courtyard space) presents, either in terms of the quality of aspect and natural light of the interior of these flats (particularly the north facing single aspect and corner flats), or the architectural form which has resulted.

The form and siting of a taller element on this site need to be reconsidered in terms of the role of the building in the townscape as a marker on the route from the train station to the city centre and its impact, both visual and in terms of overshadowing, on the surrounding area. In our minds, a tall building in this location would have to prove its place through the quality of its design and respond positively to the site and city skyline. Options should be explored for this scheme such as a structure that takes the form of a slender elegant tower rather than a slab block.

English Heritage

English Heritage offer the following comments based on the original proposals received, but intend also to comment on the revised plans prior to the Board meeting.

- The adopted slab form of the tower, together with its orientation, generates a heavy, unrelieved and uninspiring new backdrop to a key view of the city’s principal civic icon, the Grade I listed Town Hall. The design does not offer a striking, distinctive or slender addition to this view, or to the city skyline. English Heritage has no objection to the principle of a tall building on this site which serves as a new city landmark.

51 - However, we consider that the present application fails to meet the expectations for design quality shared by the Urban Design Compendium, the CABE/English Heritage Guidance on Tall Buildings and underpinned by PPG1.

- We are generally content that the development would not harm the character or appearance of the City Centre Area overall. Nor, however, do we think that it would be an enhancement.

- We are concerned that the orientation of the tower to Arundel Gate impairs legibility and permeability of the wider site. The Alsop’s Steps route is not well signed by the architecture or the street works. The walling which rises against the steps appears to be up to 12 metres of unrelieved fair-faced concrete. The introduction of human scale and interest should be a priority.

- The provision of retail uses at the two main street levels is welcome, but the opportunity should be taken to link the two street frontages through the building, increasing its permeability and providing a direct, covered and activated route.

- Confusingly, the side service elevation is angled to invite pedestrian entrance, with a sight line through to the Square, although this is not a public route. The treatment of the elevation has an unfriendly scale if it is to act as a component of the initial view of the building for pedestrians moving up from the station.

English Heritage Recommendations

English Heritage cannot support the current application in its present form. We recommend that fundamental revisions are secured to de liver a building of the highest architectural quality which makes a positive addition to the city skyline, has greater regard to its impact on the view of the Town Hall along Leopold Street and makes a more positive contribution to the permeability, legibility and overall quality of the street scene.

South Yorkshire Passenger Transport Executive

No objections in principle but suggest that conditions requiring the developer to provide annual public transport season tickets for residents use.

The Victorian Society

The Victorian Society object to the design and scale of the building. Their main concern is the proximity to the Town Hall, they maintain that the setting of the Grade I listed building will be severely compromised. Also, it will have an adverse

52 effect on views of the city centre from surrounding districts. They also dislike the grey cladding and dressed concrete facing materials.

Four letters have been received from the public objecting to the original and revised scheme, giving the following reasons:

- the building height should be below 12 storeys - the new open space will be in shadow - design is monolithic and lacks interest - does not complement surrounding buildings - it is slab like and fails to meet the guidance of the Council’s Design Compendium - a tower of this quality does not put Sheffield on the map – some of our best new buildings are horizontal in form e.g. Winter Gardens and Millennium Galleries - out of keeping with listed buildings very close by - not enough car parking spaces - sunlight analysis meaningless

PLANNING ASSESSMENT

Policy Issues

Outline planning permission has already been granted for the type of uses proposed in the application so further detailed analysis is not required for this reserved matters submissions.

The site is within the Central Shopping Area and is identified as a City Centre Development Site in Policy S1 of the Unitary Development Plan (UDP). The uses proposed are either preferred or acceptable uses under Policy S3 ‘ Development in the Central Shopping Area’.

The Heart of the City project is endorsed as one of the 7 strategic regeneration projects for the city centre arising out of the City Centre Masterplan, and is also an important component of delivering the ‘Sheffield City Strategy and Vision ’ of the Sheffield First Partnership which seeks to secure a strong economy and a vibrant city centre amongst its strategic aims.

The boundary of the City Centre Conservation Area runs along the former access road which adjoined the front of the now demolished Register Office. Therefore, a slither of the building running parallel to St. Paul’s Square is within the conservation Area whilst the majority of the site sits outside the Conservation Area, but adjoining it. Unitary Development Plan Policies BE15, BE16 and BE19 apply, they refer to the need to ensure that new development does not detract from the character and appearance of conservation areas and setting of listed buildings. Policy BE17 says that a high standard of design using traditional materials is expected in conservation areas.

53 Location and Footprint

As mentioned earlier the Allies and Morrison Masterplan in the outline application shows a residential building in this location. Reference has been made in some representations to the loss of the opportunity to create a pedestrian link between this building and the Novotel. This is not an option that remains open. For various reasons the vehicular access to the basement area including all servicing to the Millennium Gallery and hotel was taken through this space and was approved in earlier applications. However, to make the proposed steps at the south side more prominent and therefore make the public route more obvious, they have been brought forward towards Arundel Gate, and a colonnade has been incorporated at the foot of the tower.

Scale and Massing

The Urban Design Compendium for the City Centre defines the Heart of the City development as a potential site for a tall building. Here it would act as a marker for the city centre for those leaving the railway station at Sheaf Square. It also states that tall buildings should be slender in form and proportion. Tall buildings which are slab like in form will not be acceptable.

“Sheffield’s skyline” says the Guidance, “could be redefined by a number of landmark buildings, over 15 storeys in height. Such buildings must be striking in their form and design and serve to distinguish the skyline as unique to Sheffield”.

The significant change in the height of the main block has come about because of concerns – echoed by CABE – that the original form was too slab like. Officers encouraged the applicant to make the building slimmer when viewed from the east or west. This would result in less flats per floor, as is the case in the revised proposals. A more elegant form could be achieved by a combination of a more slender but taller tower. When combined with other design improvements such as a more coherent glazed design to both elevations of the tower, build costs have substantially increased in proportion to the floorspace created.

The result is a building which is undoubtedly well proportioned in form, significantly taller (98.0 metres v. 68.5 metres), and more slender.

The building will now be taller than any other building in the city centre – Redvers House and Telephone House are approximately 52 metres high to the roof line.

The new scheme has improved the form of the building in that the flats to the Arundel Gate and Peace Gardens sides are treated as separate planes. This means the plan form is not a pure rectangle and the rear elevation is now two storeys lower than the Arundel Gate elevation. This serves to add interest to the form and make the end elevations appear particularly slim. However, the new

54 layout has resulted in the lift tower being moved outside the building and it now projects as a feature on the south elevation and rises 4.5 metres above the roof level.

The flats which originally formed a link between the two blocks have been removed so the blocks are separate. This improves the bulk of the south elevation and allows more light into the area between the blocks. The use of different materials and design, combined with the decoupling, creates distinct buildings relating to their separate contexts.

Design and External Appearance

The revised design now includes the use of glazed curtain walling to both main elevations of the tall tower. (Before terracotta cladding was used to the rear albeit with large windows.) The aim is to produce an appearance which is light and glassy for the more prominent building. This has also added to the cost of the scheme. The lower block fronting St. Paul’s Place is now a terracotta, stone, and glass building relating well in scale and design to its new neighbours but without mimicking them.

There are a number of blank panels on the glazed elevations and these are covered by light bronze woven metal panels. The sides and rear (where visible) of the roof top apartments are finished with pre-patinated copper cladding. The thin north and south elevations are mostly without glazing and are clad in terracotta.

There will be a roof garden on top of the retail accommodation and a living green wall planted with suitable species such as sedum, facing the Novotel and softening the appearance of the service access from Arundel Gate.

The scheme incorporates substantial active frontages to St. Paul’s Place and Arundel Gate which will provide significant new animation with shops and cafes to the public areas adding to the attraction and vitality of the Heart of the City. The proposal also includes the construction of ‘Alsops Steps’ and a glazed lift connecting Arundel Gate, St. Paul’s Place, and the Peace Gardens, so providing a safe convenient and attractive new route as a part of the fully upgraded full new open air route from Station Square into the New Retail Quarter, thus fulfilling another key element of the City Centre Masterplan.

Overshadowing

The original application included a sunlight and daylight analysis and sunpath diagrams. The City Centre Manager was asked to comment on the likely affects on the Winter Gardens based on the submitted information. He confirmed that the additional shading could have an adverse affect on the health and development of some exotic species and if this was so, alternatives may have to be substituted. Also, the shading would be noticeable to the people using the Garden.

55 It is inevitable that as this site lies to the south and east of the Winter Garden it will cast a shadow on it unless the height is reduced to considerably less than Office 1. The applicant has been asked to provide a more detailed sun path analysis which separates the shadows from the taller and lower blocks which will enable consideration of whether a reduction in the height of either would have a significant effect. It is intended to provide this information at the Area Board meeting.

The consultant who prepared the analysis makes the following conditions using recognised BRE analysis standard:

Affect on the Stoddard Building – will continue to receive adequate sunlight and daylight for educational purposes.

Affect on the Novotel – in respect of daylight, it will continue to receive above the minimum standard for habitable rooms. Regarding sunlight, it will receive less than the BRE standard but this is an acceptable level for hotel rooms in the context of high density city centre development.

Affect on gardens and open spaces – the BRE standards say that no more than 2/5 and preferably no more than 1/4 of an amenity area should be prevented by buildings from receiving any sun at all on 21 March. The conclusion is that the Winter Garden and Peace Gardens will continue to receive sunlight to over 3/4 of their area on 21 March.

Heritage Considerations

The building is separated from the older parts of the Conservation Area by other buildings in the Heart of the City. Therefore, it is only the tall tower which will have an affect on the wider Conservation Area and the setting of the Town Hall. Views have been modelled from Leopold Street which show that the tower will be readily visible above the roof of the Town Hall. A view from the lane between Fountain Precinct and the former Education Offices shows that approximately 11 floors will be seen. From the west side of Pinstone Street 10 floors will be seen over the roof of Office 1. The deliberate layering of buildings in the Heart of the City allows for a more substantial scale on Arundel Gate, and the opening of new east-west routes previously severed by the Town Hall extension and Civic Circle dual carriageway, significantly recreates the historic permeability of the area, particularly for pedestrians. Whilst the tower will be visible it is sufficiently distant from the Town Hall and of good appearance not to adversely affect the setting of it and other listed buildings in their urban context.

Highways and Transport

The proposal provides 86 parking spaces on two levels in the basement, access being obtained off the new access road from Arundel Gate. A separate store is provided for 90 cycles.

56 The transport assessment allowed for 150 parking spaces in this development so there is no problem with the number intended.

Disabled Access and Facilities

There will be full access to all parts of the building; the flats will be to mobility standards as defined by the Building Regulations and disabled parking spaces are provided for residents who require them.

Some further details of the flat interiors and other minor issues are required and will be conditioned.

Noise, Amenity and Wind Conditions

The submitted noise report shows that the site is subject to noise from traffic, particularly buses, on Arundel Gate. A suitable glazing system and mechanical ventilation is to be provided to overcome this problem.

Conditions on the outline planning permission place controls on activities to prevent noise including a 1200 midnight hours restriction on food and drink uses.

A brief wind assessment has been submitted and the detailed design of the proposed flats incorporates some features to mitigate potential wind effects, such as a canopy to the Arundel Gate shops. However, more detailed research is appropriate and this is being undertaken at the time of writing by the applicant, and further mitigation measures may be appropriate and can be dealt with by planning condition.

Open Space

The proposed residential development is integral to the overall Heart of the City open space and public realm improvements, providing funding into the project to help deliver the extensive new public areas of Millennium Square, St. Paul’ s Place, and Alsops Steps. The scheme also includes a small roof garden and some balconies for residents. There is therefore, as in the previous outline planning permission, not a requirement for a further contribution to off site open space improvement.

57 RESPONSE TO REPRESENTATIONS

Whilst this report takes account of the representations received to date it is expected that the revised plans will result in additional comment. Officers will present these and assess them at the Board meeting. Officers consider that the revised proposals respond positively to many of the detailed comments from consultees on the original plans.

CONCLUSION

The proposals make a significant contribution to the City’s aspirations for a regenerated and revitalised Heart of the City, marked out by the excellence of its public realm, the achievement of high standards of design detailing and materials, and the creation of a more vibrant mix of uses complimentary to the renowned entertainment and artistic facilities in the adjoining City Hall, Crucible and Lyceum Theatres, Galleries and Winter Garden.

The proposals fit well with the masterplan with good urban design principles established at the previous outline planning permission stage, continuing the new public squares and bringing substantial new life and activity to an area previously offering little to the public.

The design, massing and detailing of the residential buildings is undoubtedly dramatic, and has been conceived with considerable care by architects of international repute. This itself is a sign of the economic improvement and stronger external perception of Sheffield creating the opportunity for higher value and higher quality buildings.

These buildings will be prominent whilst providing a suitable lesser scale edge to St. Paul’s Place and Millennium Square and the historic Town Hall area and City Centre Conservation Area. The tall tower is of very high quality detailing and will present a glassy appearance in longer views, but with a subtle variation of shade depending on vantage point and viewing angle. The floor to ceiling glazing also offers the prospect of night time interest and a strong sense of new night time occupation of the core of Sheffield.

Tall buildings need to be of sufficient high quality, notwithstanding the benefits of intensity of use and animation they bring to urban locations, if they are to be successful in the longer term and contribute to the townscape. It is also recognised that Sheffield has only one very tall building precedent of recognised high quality, in the University of Sheffield Arts Tower (now a listed building). It is considered that the City Lofts proposal also meets both the need for high quality memorable design and the animation of and integration with its surrounding buildings and spaces in the Heart of the City.

58 RECOMMENDATION

Subject to the conditions controlling the fine details of the materials and implementation of design, and taking into account the sensitive setting of the site and all relevant planning policies, the Board are recommended to grant planning permission.

59 Case Number 05/00907/CAC

Application Type a Conservation Area Consent Application

Proposal Demolition of industrial building

Location Unit 1, 45 Mowbray Street, Sheffield, S3 8EN

Date Received 01/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent D L P Consultants Ltd

Recommendation To Report

Subject to:

60 Site Location

For report see 05/00908/FUL

61 Case Number 05/00908/FUL

Application Type a Full Planning Application

Proposal Demolition of industrial building and erection of 1 x 4- storey building providing 25 no. 1-bedroomed apartments, undercroft parking and roof terrace and provision of ancillary car parking and associated landscaping works and alterations to The Foundry entrance (in accordance with amended drawings received 20.05.05 and 14.06.05)

Location Unit 1, 45 Mowbray Street, Sheffield, S3 8EN

Date Received 01/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent D L P Consultants Ltd

Recommendation To Report

Subject to:

62 Site Location

LOCATION AND PROPOSAL

The site lies within the Kelham Island Conservation Area, in a Fringe Industry and Business Area, as defined in the Unitary Development Plan. The site relates to an enclosed courtyard, which is bounded by Mowbray Street to the north and the River Don to the south. Adjacent to the site, to the east is a cluster of industrial units/workshops and to the west is ‘The Foundry’ building, beyond of which are further industrial premises. Opposite the site, to the south is Kelham Island Museum and Tyzac factory site.

63 Within the courtyard adjacent to the large Foundry building, extending from the north-west corner and along the north are a number of two and three-storey buildings of varied architecture, which are occupied by 3 small businesses. Along the eastern edge, are the rear elevations of workshops/units, which are predominantly two-storey although three-storeys in the southern corner. Central within the site is a communal parking area, which has a means of vehicular access from Mowbray Street.

Planning permission is sought to demolish a large industrial building situated to the south, within the site and replace it with a four-storey residential block, which features contrasting enclosed stairwells either end, undercroft parking and roof terrace. The entrance to the adjacent Foundry building would be built up and clad and a new entrance created.

RELEVANT PLANNING HISTORY

None.

SUMMARY OF REPRESENTATIONS

Conservation Advisory Group (CAG) considered the application at their meeting of 26th April 2005 . They consider the scheme to be too high and substantial overdevelopment of the site, bearing no relation to the adjacent buildings. Further contextual and elevational drawings were requested and the Group regretted the further erosion of the industrial nature of the Kelham Island as a consequence of the scheme.

English Heritage have been consulted about the application but do not wish to make any representation on this occasion.

Four letters of representation have been received, two of which have been sent by Jagged Globe, a company whom occupy the adjacent Foundry Studios. Their comments include security of the courtyard and the availability of parking during construction and once the development is complete. Secure gated access from the road during construction and CCTV has been requested, as their building is most vulnerable to burglary if the courtyard access is compromised.

A letter from the adjacent unit, no. 47 Mowbray Street, ‘Woodware Repetitions Limited’ has been received. Whilst no objection to the redevelopment of the site, they do have a strong objection to the design of the river frontage as it is not sympathetic or in keeping with the surrounding buildings. Concern also raised with regard to potential noise complaints from future residents owing to industrial area.

64 A letter stating ‘no objection’ has been received from The Access Group, who are based at Unit 4, 45 Mowbray Street.

PLANNING ASSESSMENT

Policy Issues

The site lies within a Fringe Industry and Business Area, as defined in the

Unitary Development Plan and so Policies IB6, IB9 and IB11 would apply.

Policy IB6 identifies the proposed use, C3 – residential, as being an acceptable use and so in principle this would be acceptable. Whilst not a preferred use, it is considered that given its riverside location, the site would make a suitable location for a residential scheme, subject to satisfactory living conditions, which will be considered later in the report. The City Centre Living Strategy also advocates housing use in such areas, provided that living conditions are satisfactory.

Policy IB9 (a) states that new development would only be permitted where it would not lead to a concentration of uses which would prejudice the dominance of industry and business in the area and Policy IB11 (a) states that housing will only be permitted where it would not further constrain industrial or business development to protect the environment of the new housing. The area would still remain predominantly industrial/business, such that the character of the area would not be undermined.

Policy IB9 (b) states that the proposed development should not cause residents or visitors of residential properties to suffer from unacceptable living conditions and Policy IB11 (c) states that housing (C3) would only be permitted where the development would not suffer from unacceptable living conditions, including air pollution, ground contamination, nearby hazardous installations, noise, other nuisance or risk to health and safety. Subject to the imposition of appropriate conditions relating to sound attenuation etc, such Policies would not be contravened.

There is currently work underway to undertake a comprehensive survey of the Neepsend / Upper Don Area, which will identify all the businesses, residential complexes and other sites within the area, with a view to developing a Kelham Island and Neepsend Action Plan for this area, but as this is in the early stages of development, no document exists as yet and therefore cannot be considered as a material consideration.

Demolition of Existing Industrial Building

65 The site lies within the Kelham Island Conservation Area and as the proposal also involves the demolition of an existing building, Policies BE15, BE16 and BE17 would apply. Such policies are principally concerned with preserving and enhancing the character and appearance of the Conservation Area and as such, a high standard of design is expected together with the use of traditional materials. In particular, Policy BE16 states that those buildings which make a positive contribution to the character and appearance of the Conservation Area will be retained.

PPG15 ‘ Planning and the Historic Environment’ specifically states that special attention to the desirability of preserving or enhancing the character or appearance of the area should be the prime consideration in determining a consent application. The document also states that the general presumption should be in favour of retaining buildings which make a positive contribution to the character or appearance of a Conservation Area.

Buildings to the east, west and north of the site are of mid to late nineteenth century, consisting of former metal trades buildings, some of which are now used as offices. They are single, two and three-storeys high and are typical of many buildings of that period. There are some latter additions, along the west, including the Foundry building, which has no significant architectural merit. The building to be demolished, is essentially a large modern shed/industrial unit, constructed of brick with a metal sheet cladding above, finished in blue and contains a large steel sliding door, which is finished in green. The eastern wall has been extensively rebuilt and the west elevation is largely of breeze block construction. The building does not reflect the predominant character of the Conservation Area and does in fact detract from it. Whilst this situation is not unique, in that other poor examples exist within the Conservation Area, there are no justifiable reasons to resist its removal. The building neither preserves nor enhances the character or appearance of the Conservation Area.

Along the southern edge, fronting the River Don is a length of brick wall, which contains 9 window openings, and further towards the eastern end the wall appears to have been rebuilt and the style of windows change, and so is presumed that these are later additions. The wall is considered to have some historical importance and its retention is essential, in order to preserve the fluid and repetitive frontage along the rivers edge.

Design/Visual Amenities

The Mowbray Street frontage is typically characterised by two and three storeys high buildings, of red brick construction, with pitched slate roofs. Behind these frontages, the pattern of development is depicted by a number of other buildings around a courtyard, with buildings running along the edge of the riverbank.

66 The proposed development has been significantly amended to take account of concerns raised over the design and involves the erection of a modern building, which is flat roofed and is three/four-storeys high, set down on concrete columns, with undercroft car parking accommodation. The central block would be constructed of red brick and at either side would be a four-storey stair block, which would be faced in a contrasting material, which in this instance would be zinc.

The courtyard elevation would consist of a central block which would have the appearance of being three storeys, given that there would be undercroft parking. The central block is rectangular in shape with a horizontal emphasis, and the stair towers would be recessed, which together reduces the scale and mass of the building, such that it would not appear over-dominant, when viewed from within the courtyard. This elevation would be predominantly brick, which would be consistent with adjacent buildings. Windows are simple and regular and would be constructed of aluminium, finished in grey, which would continue the industrial character of the area and blend in well with the zinc material proposed for the stair blocks.

Immediately adjacent to the proposed residential block is the existing Foundry building, which is constructed of red brick and has no significant architectural merit. The entrance to the building is currently somewhat untidy, involving a mono- pitched roofed two-storey and single-storey structure. As part of the proposal, the intention is to build up the elevations to create a simple and rectangular frontage, which would be faced in the same material as the new residential block. Improvements to the visual appearance of this building are welcome and in this instance, would certainly enhance the general appearance of the courtyard.

Such alterations are therefore considered acceptable given that the replacement entrance would be on the footprint of the original and would involve a simplified structure to that which is currently present, and would reflect the same design as the new residential block.

The riverside elevation would be four-storeys high, the façade of which would be predominantly of red brick. The building would feature stainless balconies to individual units, together with vertical stainless steel supports and crossed cable detail in front of the furthest east and west units. Such materials would reflect the industrial character of the wider area, and the cable detail would provide an additional visual interest. The building would have windows, which would reflect the window proportions and rhythm of buildings along the riverbank, especially those that extend to the east.

The existing brick wall, which fronts onto the river would be retained and slightly extended in height, in order to tie in with the new building. The glazing to the existing windows would be removed and metal grilles installed and additional punched openings would be incorporated at a lower level to provide additional light and ventilation to the undercroft parking. This would also allow glimpses through from the parking area, thereby providing a better quality environment.

67 The scale and massing of the building is considered acceptable. The main brick structure would not exceed the height of the eaves of the adjacent building to the west and so does provide a step down towards the adjacent unit to the east. The building would be set back fractionally from the riverside so as not to allow the balconies to oversail towards the riverbank and the southern elevation is broken down by both horizontal and vertical detail, and in doing so, reduces the scale and massing of the building.

The design of the proposed building is contemporary, but does incorporate a number of features and natural materials, which are reflective of the area. The building would create visual interest both from the riverside and glimpses from Mowbray Street. It is therefore considered that the proposed development would enhance the appearance of the Conservation Area and in doing so would comply with Policies BE15, BE16 and BE17 of the Unitary Development Plan.

Highway Issues

The existing courtyard is heavily parked, as it is used by the adjacent offices and the Foundry Climbing Centre. There are currently 28 spaces available, although approx. 11 spaces are reserved by other business units. The layout to the existing car park would be revised, in order to accommodate the new building. The revised layout would result in 24 spaces provided in the courtyard with a further 6 spaces provided beneath the new building. There would therefore not be a significant change to the existing number of car parking spaces.

The proposed development would inevitably result in a further increase in demand for such parking spaces. However, the demand for parking spaces resulting from the new residents is not considered to have a significant highway implication. Residents are likely to want to park in the evenings and through the night, whilst other activities within the courtyard, eg businesses would generally operate during the day. It is acknowledged that there would be some cross-over periods in which demand exceeds supply, such as early morning or if business operations/opening times are extended. Whilst this may be the case, there are not sufficient grounds from which to refuse the application, given that the site is situated close to the city centre. The site is within walking distance of the city centre and the facilities that it offers. The City Centre Living Strategy supports housing developments with limited or no ancillary car parking accommodation, given the fact that there is access to public transport facilities, entertainment and work opportunities and thus a more sustainable approach to development, which the Government clearly advocates.

In order to provide a more acceptable area for servicing, the layout would require the removal of the first parking space, positioned at the right hand side, on the second row, thereby reducing the number of spaces to 29 overall. The site is restrictive in size and whilst not ideal, it would achieve a more accessible route for service vehicles.

The site does not benefit from a separate pedestrian route through the whole of the site, primarily because of the restricted dimensions of the site and the need to

68 retain as much car parking accommodation as possible. It is considered acceptable in this instance, given that the proposal involves a small scale development and is unlikely to cause a significant danger to pedestrians.

Subject to conditions being imposed requiring cycle parking to be provided, vehicle/pedestrian intervisibility splays required and details of surfacing to be submitted, the application is considered acceptable in highway terms.

Effect on residential amenities

The site is located in an area that is predominantly occupied by industrial premises and as such there is a potential risk of noise and disturbance for future occupiers of the residential accommodation.

PPG 24 “Planning Noise” establishes the use of noise exposure categories (NEC’S ) for the assessment of whether residential developments are acceptable in areas that are close to identifiable noise sources. The submitted Noise Report which was carried out by S and D Garritt Ltd identifies noise sources from premises to the north, east and south of the site: The latter noise contributed from a ventilation outlet. The report concludes that the site lies within NEC ‘B’.

PPG24 states that sites which fall within category NEC ‘B’ noise should be taken into account when determining planning applications and where appropriate, conditions should be imposed to ensure adequate protection.

Of the noise sources identified, concern was expressed with regard to activities taking place at the Kelham Island Museum, particularly when there a re demonstrations of large steam engines at weekends. However following the submission of the supplementary noise report this matter has been addressed and through the imposition of conditions, satisfactory noise levels can be achieved. Traffic noise and hours of operations of adjacent premises were other areas of concern. Again these matters have been resolved and measures to mitigate against such noise sources can be achieved such that the living conditions of future occupants of the proposed development would be acceptable.

There is the possibility of the land being contaminated as a result of previous industrial use. It is therefore recommended in accordance with PPG 23, Annexe 10 that a Phase I and II Risk Assessment is carried out to establish the level of contamination on site, together with a remediating scheme to ensure safe redevelopment. A condition would be attached to the decision notice.

Amenities of Future Occupants

The proposal does incorporate an element of private external amenity space by virtue of a balcony overlooking the river, which half of the units would benefit from. A roof terrace would provide additional communal space for all residents. Although the provision is fairly limited, given its riverside location, and city centre location this would be acceptable in this instance.

69 Effect on Adjacent Industrial Units

There is potential for complaints about noise and disturbance as a result of existing industrial activities, from future residents of the proposed development. However, subject to the imposition of conditions to mitigate against potential environmental problems, the proposal is unlikely to prejudice the activities/operations of existing and future businesses.

Archaeology

The Archaeological Report, which has been submitted with the planning application, has been prepared by ARCUS. The report identifies the site as having some archaeological interest. The site represents one of the first on Mowbray Street to be developed as a gold and silvery refinery but was later occupied by Eagle Works, which produced steel, and other items such as cutlery.

The report confirms that the building to be demolished is of little archaeological interest but the riverside wall does include earlier fabric, which probably r elates to rebuilding after the 1864 flood. The assessment also suggests that the present standing building is not likely to have caused substantial below ground disturbance, and therefore remains associated with the Eagle Works and the earlier refinery can be expected to survive, although the exact location is not known. However, there is likely to have been left substantial evidence below ground that is likely to have survived later rebuilding and as such, further investigation is necessary. Since no investigation can be carried out in advance, it is therefore considered that a condition be imposed requiring the implementation of a programme of archaeological work (including recording) in accordance with a written scheme of investigation that has been submitted to and approved by the Local Planning Authority.

Landscaping/Ecology

The proposal would involve minimal landscaping, given the restricted size of the plot. Soft landscaping would be included at ground level within the car parking area.

Mobility Housing

There is a desire for a proportion of the development to meet mobility housing standards. This is reinforced by Policy H7 and Supplementary Planning Guidance, which states that a minimum of 25% of the development should be provided to this standard. The agent has been approached but is reluctant to provide an element of mobility housing, stating that the aim is to provide low cost city centre

70 housing and to install a lift etc would raise the cost of the development somewhat. Whilst not ideal, the Policy does only state that such provision should be ‘encouraged’ and so in this instance, given the implications for altering the design of the building and the limited number of units, a relaxation of this Policy is considered acceptable.

Flood Risk

The site lies adjacent to the River Don and as such there is a potential risk for flooding and so close consideration is required. The developer has submitted a Flood Risk Assessment with the planning application and the Environment Agency has considered this and object to the proposal. However, it is anticipated that this problem can be overcome as a result of additional information being sent to the Environment Agency. It is envisaged that the proposal will be recommended favourably.

Open Space Contributions

In accordance with Policy H16 of the UDP and the ‘City Centre Living Strategy’, the developer is required to make a contribution towards the enhancement or provision of open space, in lieu of direct open space provision. A Unilateral Undertaking under Section 106 of the Town and Country Planning Act, 1990, has been signed to secure a contribution of £20,857.50.

RESPONSE TO REPRESENTATIONS

All issues raised have been addressed in the report.

SUMMARY AND RECOMMENDATION

The design of the proposed development is considered to be acceptable. The proposal would not have any significant highway implications and would enhance the character of the conservation area and satisfactory living conditions can be achieved through noise attenuation works. The remaining outstanding issue is in relation to the flood risk assessment and the Environment Agency’s objection. Members should be aware that this issue will be resolved in future for the meeting and that a favourable recommendation will be forthcoming.

71 Case Number 05/01173/FUL

Application Type a Full Planning Application

Proposal Demolition of 60-64 Victoria Street and erection of 1 x 5-storey building providing 46 no. 1/2 bedroomed apartments with 21 basement car parking spaces (amended as per plans received 24.05.2005 and 01.07.2005)

Location Victoria Street, Sheffield

Date Received 23/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Axis Architecture

Recommendation Grant Conditionally subject to the completion of a Legal Agreement

Subject to:

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

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

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

In the interests of the visual amenities of the locality.

3 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out 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.

In the interests of the amenities of the locality.

72 4 The residential accommodation hereby permitted shall not be occupied unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall:

a) Be based on the findings of an approved noise survey of the application site.

b) Be capable of achieving the following noise levels:

Bedrooms: LAeq 15 minutes - 35 dB (2300 to 0700 hours), Living Rooms: LAeq 15 minutes - 40 dB (0700 to 2300 hours),

c) Include a system of alternative acoustically treated ventilation ducted 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 residential occupiers of the building.

5 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.

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.

73 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 Prior to any works starting on site, details of the following issues shall have been submitted to and approved in writing by the Local Planning Authority:

a. Vehicle access layout from Convent Walk. b. Highway enhancement works to Victoria Street and Convent Walk. c. Construction details including structural design and calculations for the walls to the basement car park that will be supporting the public highway.

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

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

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

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

In the interests of the safety of road users.

11 The residential accommodation shall not be used unless the cycle parking accommodation as shown on the approved plans has been provided in accordance with those plans and, thereafter, such cycle parking accommodation shall be retained.

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

Attention is drawn to the following justifications:

74 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.

H10 - Development in Housing Areas H12 - Housing Development in the City Centre H14 - Conditions on Development in Housing Areas

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 Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.

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

75 4. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

5. 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.

76 Site Location

77 LOCATION AND PROPOSAL

The application site is located on the western side of Victoria Street, approximately 30 metres to the south of Glossop Road. It lies within a designated Housing Area and the City Centre Housing Priority Zone as defined in the Unitary Development Plan (UDP).

The site is currently occupied by a row of three storey Victorian terraced properties with a rendered finish. The terrace was substantially remodelled in the 1970’s, both internally and externally, to form student flats.

To the north of the site stands a large four storey red brick office block. To the east, on the opposite side of Victoria Street, are the former Glossop Road Swimming Baths. The brick built baths were recently converted into apartments with a restaurant and bar at ground floor level fronting Glossop Road. The former Turkish baths have been restored and now form part of a beauty spa accessed from Victoria Street.

The grade II listed Bath Hotel is situated directly to the south of the application site. To the west, set back approximately 11 metres beyond the 2 metre high brick boundary wall, is a three storey residential development and, fronting Glossop Road, a five storey office building known as Edgar Allen House.

Planning permission is sought for the demolition of the existing building and the erection of 46 apartments in a five storey building with 21 basement car parking spaces.

PLANNING HISTORY

No relevant planning history.

SUMMARY OF REPRESENTATIONS

One e-mail was received from the purchaser of an apartment within the former Glossop Road baths. He raised concerns regarding the potential impact of the development upon the amenities of the occupants of the apartment.

In addition, two letters of objection were received from the occupiers of neighbouring properties who raised the following concerns:

- The existing buildings contribute to Sheffield’s architectural heritage and should not be demolished;

78 - The city centre has recently been flooded with new apartments and we may soon be faced with an excess;

- The proposed building will dwarf and shade Glossop Road Baths and smaller buildings on Victoria Street;

- The development will result in the loss of direct sunlight to other properties on the street, in particular flats within Glossop Road Baths;

- The development will result in overlooking of the Glossop Road Bath flats on the eastern side of Victoria Street.

The Conservation Advisory Group assessed the proposed development, as submitted, on 26th April 2005. They felt that the scheme was unsympathetic to what is a well preserved mid-Victorian street and would damage the setting of the listed Bath Hotel and the Glossop Road Baths.

The Group considered the amended proposals on 21st June 2005. They felt that this is a much better scheme and welcome the more contextual design. They raised no objection subject to the use of good quality materials.

PLANNING ASSESSMENT

Policy Issues

The site lies within a designated Housing Area as defined in the Unitary Development Plan. Policy H10 of the UDP (Development in Housing Areas) describes housing as the preferred use of land in such areas.

Policy H12 (Housing Development in the City Centre) seeks to promote housing in the city centre where it would help to strengthen existing communities. Housing is also expected to form a significant proportion of any new development in the City Centre Housing Priority Zone.

Policy H14 of the UDP (Conditions on Development in Housing Areas) permits new development 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.

79 Demolition of Existing Building

While at first glance the proposed building appears well preserved, closer inspection revealed that it has, as described above, undergone extensive alterations. Internal floor layouts have been significantly modified to form the existing student flats, entrance doors, internal stairs and all decorative features have been removed and extensions built adjacent the rear elevation to form new stair towers. In addition, the building, which would originally have had a brick finish, has been fully rendered. It is therefore considered, given that only the altered shell of the original building remains, that there was little case for its retention.

Design Issues

Planning permission was originally sought for the demolition of the existing building and the erection of 48 apartments in a five storey building clad in red brick, render, rain screen and slate cladding with a series of small, almost saw tooth style roofs. This scheme was considered to be overly fussy and ill-conceived and it jarred with the strong, simple forms of buildings in the immediate locality. It was also considered to harm the setting of the listed Bath Hotel both in terms of its scale and design.

Following negotiations and amendments, consent is now sought for the erection of 46 apartments in a more contextual yet modern, red brick building which falls from five storeys to three at the southern end of the site to reflect the smaller scale of the listed public house and adjoining terraced dwellings.

The palette of materials is restricted to red brick and glass, with small areas of slate cladding adjacent the two main entrance doors. Visual interest comes from the projecting bays and windows and from the recessed entrances, balconies and upper floors as well as subtle detailing within the brickwork.

The amended proposal is not a pastiche imitation of existing buildings on the street. Rather, it reflects the strong forms, materials and vertical window proportions of neighbouring buildings in a bold and contemporary fashion. As such it is considered that the development will make a positive contribution to the character and appearance of the area.

Effect on residential amenities

The proposed development is to be built on the same building line as the existing property. Therefore the same separation of approximately 11.5 metres will be achieved between the new building and the apartments in the former Glossop Road Baths on the opposite side of Victoria Street.

While there may be some impact upon levels of direct light reaching the neighbouring apartments as a result of the increase in building height, it is considered that there will be no significant loss of amenity as the increase in height is not considerable. The front brick clad façade of the proposed scheme is only 2 metres higher than the eaves of the existing Victorian structure while the set back

80 upper floor projects only 2.5 metres above the ridge line of the existing building. Similarly, existing levels of privacy will be maintained given that the separation between these buildings remain unchanged.

Privacy levels to the rear of the proposed building are also protected as habitable room windows in the rear elevation are set some 20 metres from windows on the three storey residential development to the west and, as almost 13 metres separates the western elevations of the two rear projections from the building to the west, it is also considered that the proposed scheme will not cause any loss of amenity due to overshadowing. Openings within these facades are obscure glazed with glass blocks.

Highway Issues

Having improved access arrangements to the basement car park and cycle storage facilities the development does not raise any significant highway concerns. All outstanding details are reserved by condition.

Drainage Issues

A surface water attenuation arrangement with a maximum discharge of 8 litres per second is required.

Open Space Enhancement Contribution

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 the vicinity of the application site. The applicant has entered into unilateral planning obligation and agreed to pay the Council the sum of £39,212.10 upon the commencement of development.

SUMMARY AND RECOMMENDATION

Amendments to the original proposal have resulted in a modern yet contextual residential scheme in a housing policy area which it is considered will make a positive contribution to the immediate area with no loss of amenity for existing residents. It is therefore recommended that members grant planning permission subject to the conditions listed and to the completion of a legal agreement.

81 Case Number 05/01183/CHU

Application Type a Planning Application for Change of Use

Proposal Use of building as restaurant (Class 3) (Unit 3 and Part of Unit 2 West One)

Location The Plaza, 8 Fitzwilliam Street, Sheffield, S1 4JB

Date Received 24/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Alick Mason Associates

Recommendation Grant Conditionally

Subject to:

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

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

2 The building shall be used for the above mentioned purpose only between 10.00 hours and 23.00 hours 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.

4 Before the use of the building for restaurant purposes (Use Class A3) is commenced a scheme of sound attenuation works shall have been installed and thereafter retained. Such a scheme of works shall

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

b) Be capable of restricting noise breakout from the Use Class A3 use to the street to levels not exceeding:

82 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 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 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.

6 Amplified sound or live music shall only be played within the restaurant 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.

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,

83 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.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas S3 - Development in the Central Shopping Core

84 Site Location

LOCATION AND PROPOSAL

The site consists of a former retail shop (Use Class A1) at the ground floor level of the West One complex. The shop consisted of part of unit 2 and unit 3 with a double frontage onto Convent Walk and a single frontage (unit 3 only) to a central plaza. Frontages have deep glass panels with grey green fascias, and deep inset access points. There are flats above unit 3.

Adjacent to the Convent Walk frontage are a row of two storey shops, food and drink outlets and a dentist’s practice.

85 It is proposed to convert the units for use as a restaurant, Use Class A3. Kitchen areas, stores and bin store will be created in unit 2 to the left of the entrance on Convent Walk. This will require a new internal curtain wall behind the frontage on Convent Walk, adjacent this a full height louvred door to a bin store. Existing entrance doors are to be retained on this elevation.

Changes to the plaza elevations are minimal with a small louvred panel in the top left hand corner.

The fume extraction system is formed of an electrostatic precipitator (air purification system) as per the Revolution adjacent with maintenance undertaken internally.

Hours of operation proposed by the applicant are 1000 hours to 2300 hours.

RELEVANT SITE HISTORY

00/01269/FUL (9A/0588P) – erection of flats, retail units etc., Fitzwilliam Street, Cavendish and Broomhall Streets – approved 22 February 2001. This approval defined the amount of food and drink units to 33% and required details of acoustic isolation for food and drink units.

SUMMARY OF REPRESENTATIONS

Correspondence has been received from 2 sources plus a telephone conversation from an occupier of one of the flats above raising objections and concerns about the proposal.

Issues raised are:

- storage of waste materials, if rear yard is used further damage could be caused to adjoining property - where are deliveries to be made?

- use may give rise to noise nuisance and smells from the proposed use but adjacent Revolution Bar has not given rise to complaints - loss of retail unit and increasing number of food and drink units in the Devonshire Quarter. There is a shortage of retail units in Sheffield and this should be retained.

PLANNING ASSESSMENT

Policy Issues

86 The site falls within the Devonshire Quarter and part within Shopping Policy Area (Policy S3) and Residential Policy Area (Policies H10 and H14) in the Unitary Development Plan. Within the West Street Corridor food and drink outlets are acceptable in principle subject to the retention of retail use as the predominant use. For example the Devonshire Quarter Action Plan proposes that each block in the West Street Corridor should retain at least 50% retail use. If Convent Walk is considered to be an extension to this corridor then the 50% frontage is still retained but within the West One Plaza there is already a predominance of food and drink outlets. It could also be considered that the ground floor uses at the Plaza are not directly related to Devonshire Street or West Street frontage. Thus the change to a non-retail (A1) use would not adversely affect the viability of these corridors.

However, an increase in food and drink uses could result in a loss of amenity for residents in the West One complex. These issues are considered in a later section.

The original approval (00/01269/FUL) restricted the percentage of food and drink (then Use Class A3) to 33%. The percentage of such uses has since been exceeded and the proposal’s impact on existing retail corridors is discussed above.

Design Issues

The main changes to the elevations are on the Convent Walk frontage. The recessed entrance is not changed but the frontage to the left of this entrance has one glass panel replaced by louvre doors and the remaining glass panels will have a new internal wall behind. As such, the glass frontage is relieved and at present the panels have opaque signage.

There is little change to the Plaza elevation excepting a small louvre set up in the top left hand corner. This, subject to suitable colours to complement the existing glazing bars on fascias, is not considered that the external changes will adversely affect the street scene.

Amenity Issues

Concern has been raised about possible noise and smell nuisance arising from the proposal. This is of particular importance due to the large number of flats above the site and its roof use as amenity space.

The fume extraction system (purified air system) is similar to that installed in the adjacent Revolution Bar which, with sound attenuation, anecdotal evidence has shown that such measures are successful. However, the effectiveness of the system relies on maintenance, and a condition relating to a maintenance agreement is proposed.

87 To protect the amenities of occupiers of flats above the site a condition i s also included for the submission of sound attenuation measures to be approved by the Local Planning Authority. A further condition is included to control the level of amplified music noise breakout to the Plaza and Convent Walk.

The hours of operation proposed i.e. up to 2300 hours, are similar to other food and drink operations in the Plaza.

Concerns have been raised about bin storage particularly as a current open bin store located to the side of the site requires bins to be brought to Convent Walk causing damage to an adjacent property due the narrow accessway. The proposal indicates a bin store adjacent to the recessed entrance and staff/store access. This will provide an off-street storage area benefiting the street scene and amenities of adjoining occupiers, both residential and commercial.

CONCLUSION AND RECOMMENDATION

Thus, subject to such conditions being implemented, it is not considered that the proposal would adversely affect the amenities of adjoining occupiers. Furthermore, the additional food and drink use will not affect the viability and vitality of Division Street or West Street in the Devonshire Quarter. It is thus considered that the proposal concurs with Policies S3, S10, H10 and H14 of the Unitary Development Plan.

The Area Board is therefore recommended to approve the application.

88 Case Number 05/01276/OUT

Application Type an Outline Planning Application

Proposal Redevelopment of site for residential development including demolition and clearance of existing buildings and reclamation and regrading

Location Former Bone Cravens, Staniforth Road, Sheffield

Date Received 31/03/2005

Team CITY CENTRE AND EAST

Applicant/Agent Antony Aspbury Associates Limited

Recommendation Grant Conditionally

Subject to:

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

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

89 4 At all times that demolition and construction works are being carried out equipment shall be provided to the satisfaction of the Local Planning Authority for the effective cleaning of the wheels and bodies of vehicles leaving the site so as to prevent the depositing of mud and waste on the highway but before the development is commenced full details of such equipment shall have been submitted to and approved by the Local Planning Authority. When the above-mentioned equipment has been provided thereafter such equipment shall be used for the sole purpose intended in all instances and be properly maintained.

In the interests of the safety of road users.

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

a) been carried out; or

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

Highway Improvements:

i) Off site pedestrian crossing to the west of the site on Staniforth Road upgraded to a pelican crossing ii) Bus shelter for west bound services on Staniforth Road

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

6 Access and egress for demolition and construction vehicles shall be from Acres Hill Road and onto Staniforth Road as detailed in the Transport Assessment Report dated 27 June 2005.

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

7 The access details from the site to Staniforth Road are not approved. Before development commences such details shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be used unless such approved details have been implemented.

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

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

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

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

1. Clear & unambiguous objectives to influence a lifestyle less dependent upon the private car;

2. A package of measures to encourage and facilitate less car dependent living; and,

3. A time bound programme of implementation.

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

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

10 Before the development is commenced a Phase 1 and 2 Risk Assessment, to characterise the contamination on site and propose a remediation scheme to ensure safe redevelopment, shall have been submitted to and approved in writing by the Local Planning Authority. Should any previously unsuspected contamination be encountered during the development, the Local Planning Authority shall be notified within one working day of its discovery, together with any proposed amendments to the proposed remediation scheme. The development shall then be carried out in accordance with the approved scheme and the applicant shall provide written verification that the remediation has been completed as approved, within 21 days of the approved scheme being completed.

In order to protect the health and safety of future occupiers and users of the site.

11 Details of sound attenuation barriers adjacent to the Sheffield/Worksop railway line have not been approved. Before development commences such details shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be used unless such approved details have been implemented.

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

91 12 No development shall take place in, over or under or within 8 metres of the bank top of the Kirkbridge Dyke without the prior written consent of the Environment Agency.

To protect and allow access to a Main River as defined by the Environment Agency.

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

To ensure satisfactory drainage arrangements.

14 Unless otherwise approved in writing by the Local Planning Authority surface water discharge from the completed development site shall be restricted to a maximum flow rate of 5 litres per second per hectare. Before the development is occupied written confirmation shall be given to the Local Planning Authority that the necessary equipment has been installed on site to achieve the required restricted rate of discharge.

In order to mitigate against the risk of flooding.

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

To ensure satisfactory drainage arrangements.

16 Details of an area of open space, which shall be no less than 10% of the site area and shall include details of its use and any structures to be erected upon it, shall be included with the reserved matters submission for the siting of the dwellings hereby approved. This condition shall not preclude an agreement being reached with the Council for some alternative means of providing the requisite open space either on another site or by way of a contribution towards the provision or improvement of facilities on another site.

In order to meet the requirements of Policy H16 of the Unitary Development Plan.

Attention is drawn to the following justifications:

H10 - Development in Housing Areas H14 - Conditions on Development in Housing Areas S7 - Development in District and Local Shopping Centres

92 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 2734215 or by visiting Sheffield City Council's website at www.sheffield.gov.uk/your- city-council/council-meetings/planning-boards

Attention is drawn to the following directives:

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

3. 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 Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.

4. Before the development is commenced, a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which agreed in writing with the Local Planning Authority. Any deterioration in the condition of the highway attributable to the construction

93 works shall be rectified in accordance with a scheme of work to be agreed with the Local Planning Authority.

6. Where a direct discharge to a water course is contemplated, or the proposal lies within a water catchment area, it will be necessary to provide a secondary form of treatment (a filter) to the satisfaction of the Main Drainage Section.

7. The applicant is advised that any future layout and location of dwellings must take into account potential adverse noise sources from the Sheffield/Workshop railway line and commercial development beyond and traffic noise on Staniforth Road. Sound attenuation barriers, orientation of rooms and other such measures should be implemented in the interests of occupiers of any proposed dwellings.

94 Site Location

LOCATION AND PROPOSAL

The former Bone Cravens site (referred to as Darnall Steelworks by the applicant) is located west of Darnall Shopping Centre and located between Staniforth Road and the Sheffield/Lincoln Railway Line. Areas to the west, north and east are predominately residential with a few shops, a school (Greenland’s First and Middle) with open space adjacent. South of the railway line are business and industrial units on the former railway yards and land off Acres Hill Lane.

95 Prior to demolition commencing (planning permission not being required for the demolition of industrial buildings) the site contained a number of large industrial buildings, formerly used for railway repair/maintenance and also described as derelict steelworks. Due to changes in level Staniforth Road falls to the west by approximately 8 metres. Thus there are retaining walls adjacent to residential development off Ribston Road, up to approximately 5 metres in height. Further retaining walls fronted Staniforth Road. An area in the north west corner of the site is lower and is level with Nidd Road East and Staniforth Road. A high wall incorporating buildings form the Acres Hill Road boundary. Apart from the on site buildings the base of the area is a concrete pad, which appears to be relatively level to the height of the adjacent railway line.

At the time of this report being prepared most buildings had been demolished and the Staniforth Road wall removed.

Outline approval is sought for residential development of the site incorporating regrading and establishment of access for such a use. Regrading would include the removal of the concrete pad, investigation of any potential contamination as asbestos was used in the construction of railway carriages, removal of the retaining walls to the west and land reprofiled to fall towards the north west with a 2 – 3 metre bank to the rear of the houses on Nidd Road East and the Ribston Road estate. A new access point is proposed onto Staniforth Road, west of theFrederick Road junction.

RELEVANT SITE HISTORY

None.

SUMMARY OF REPRESENTATIONS

One letter has been received, issues raised are:

- Increase in traffic on Staniforth Road

- Staniforth Road has been the subject of traffic calming measures

- Staniforth Road is not wide enough to cope with extra traffic from the new access road

- The increase in population created by new residential development would put an extra strain on existing medical facilities

- A traffic survey should be undertaken in conjunction with the proposals

- Acres Hill Road should be the access road.

96 The Darnall Area Panel welcome the proposal overall, but raise issues about affordable housing, the need for larger houses, environmental/traffic calming on Staniforth Road (a proposed scheme could be enhanced) and arrangements for routing heavy vehicles.

Funding for master plans for Phillmore and Darnall Community Park could be assisted by any Section 106 monies along with Kettlebridge Road/Ouseburn Road.

PLANNING ASSESSMENT

Policy Issues

The site falls partly within a Housing Policy Area and partly within Darnall District Shopping Centre. Relevant Policies in the Unitary Development Plan are:

H10 – “Development in Housing Areas” where housing is the preferred use and

H14 – “Conditions on Development in Housing Areas” which lays down the parameters for development to protect the interests of potential residents.

S7 - “Development in District and Local Shopping Centres” where housing is also listed as an acceptable use. The principle of housing development on the site is therefore acceptable.

Although part of the site falls within an area designated for shopping it is located away from the main core of Darnall District Shopping area around Main Road and separated by Long Acre Road. Approval has been granted for redevelopment of the Morrisons site for a Lidl supermarket and there is potential for retail development on the site behind Station Road with outline planning permission for a medical centre and retail use. Both are adjacent to Greenland Road/Prince Of Wales Road, the latter to the South of Main Road but both in the main core. Thus it is considered that the loss of the Shopping Area part of the site will not adversely affect the viability or vitality of Darnall Shopping Centre and, indeed will add to the population to make the remainder of the centre more viable.

The site falls within a Housing Market Renewal Area. The designation of such areas is a Government initiative to address problems in the housing market in specific areas, one of which is Sheffield in Darnall/Attercliffe/Tinsley covering a 10 year period. Aims of the initiative are to improve the quality of housing and provide a better mix of new housing to meet the needs of the community.

Redevelopment of this site would thus complement the aims of the Housing Market Renewal Area.

Design Issues

97 Such details will be considered at the reserved matter stage or if a full application is submitted. The layout will be determined by the access and safeguarding of the Kirkbridge Dyke which passes through the site in a culvert. The Environment Agency require that no development shall take place under, over or in 8 metres of the bank top without prior consent of the agency.

There are very few trees or other landscape features on the site due to the industrial nature of the site with some small trees to the side of houses on Nidd Road East, those to the west of this street not being within the site but set below a high retaining wall. This application includes regrading which would take place after a Phase I and Phase II risk assessment. The assessments would determine the amount of ground contamination and methods of remediation. Such regrading would produce a slope from south east to north west following the natural landfall apart from a section of embankment on part of the north west boundary.

Amenity Issues

The site is bounded by the Sheffield/Worksop railway line to the south and beyond that Parkway Market and other industrial uses. Such uses could cause disamenity in terms of noise nuisance to residents of any potential housing development. In order to obviate these problems development should be set back from the railway with a suitable sound attenuating boundary. Although the level of noise arising from these sources has not been formally measured such a survey is being undertaken. Thus it will not be possible to fully define the areas of potential residential development on this boundary at this time but will be conditioned and dealt with in detail at the reserved matters stage.

A further possible noise nuisance is Staniforth Road. Development should be designed to protect more sensitive rooms such as bedrooms and this can also be dealt with at the detailed submission stage.

The previous industrial uses associated with the site could have resulted in potential land contamination. For example, railway carriages would have contained asbestos. Thus a Phase I and Phase II risk assessment is conditioned as referred to above prior to removal of the concrete base of the site for regrading.

Highways Issues

At this stage the main issue arising from the proposal is traffic generation from lorries removing spoil from the site. A Traffic Assessment Report has been submitted which predicts 65-100 vehicle movements per day, the latter figure for school holidays. Such movements would be timed to avoid peak travel times associated with schools.

98 Access to the site will be via Acres Hill Road and egress onto Staniforth Road. Off site journeys will be from the site to Darnall Centre then southwards to the Parkway to reach the M1 Motorway. This keeps vehicle movements in residential areas to a minimum.

Notwithstanding the application being outline, the access for new development has been established at this stage, being proposed to the west of the junction of Frederick Street and Staniforth Road to provide optimum visibility. This point of access is considered to be acceptable and traffic movements associated with residential development of the site will not be sufficient to cause problems on the surrounding highway network.

Drainage Issues

The site can be adequately drained subject to control of surface water either to a suitable water course or a sustainable system such as soakaways or permeable hardstandings.

Open Space

The catchment area of the site is deficient in informal open space having 2.31 hectares per thousand population, compared with the minimum guideline figure for such space of between 4.1 and 4.3 hectares per thousand population. The developer would thus be required to contribute towards the provision or enhancement of public open space within the catchment area of the site in line with Supplementary Planning Guidance on Open Space in Housing Development.

CONCLUSION AND RECOMMENDATION

The principle of residential development on the site is acceptable in terms of Unitary Development Plan Policies and Government Guidance on use of brownfield sites. Although the site is partly within the Darnall District Shopping Area, residential uses are acceptable in such areas and the site is located well away from the core of the district centre and thus the loss of retail land would not adversely affect the viability of the area. Indeed it has the potential to be a welcome boost to the area.

The precise location of residential development has not been established at this stage and will need to take account of nearby noise sources such as the railway line and heavily trafficked roads. However the principle of residential use, with suitable sound attenuation measures is acceptable.

The regeneration of this site will also meet the aspirations of the Housing Market Renewal Area and will provide a range of accommodation to meet the needs of the local population. The proposals represent a welcome investment in this deprived area of the city.

99 It is therefore recommended that the Area Board approve the application subject to the listed conditions.

100 Case Number 05/01550/FUL

Application Type a Full Planning Application

Proposal Erection of 4/5 storey office building with A1, A2, A3, A4 or B1 use at ground floor level and associated car parking accommodation (amended as per plans received 5.7.05)

Location Central Riverside, Blonk Street, Sheffield, S3 8JB

Date Received 25/04/2005

Team CITY CENTRE AND EAST

Applicant/Agent Building Design Partnership

Recommendation Grant Conditionally

Subject to:

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

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

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

In the interests of the visual amenities of the locality.

3 Prior to works starting on site, details of the following issues shall have been submitted to and approved in writing by the local planning authority:

a. cycle/motorcycle parking facilities, which must be weather protected and include some separate element of visitor cycle parking. b. Shower/changing facilities to the office block. c. Turning head details for the new access road. d. Construction details for the new access road and riverside walk, including long and cross sections where appropriate.

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

101 4 The sole means of vehicular ingress to and egress from the site shall be gained from and to Willey Street unless otherwise agreed in writing by the Local Planning Authority.

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

5 The development shall not be commenced until improvement works as listed below have either been carried out or details have been submitted to and approved by the Local Planning Authority of arrangements which have been entered into which will secure that such improvement works will be carried out before the site is brought into use.

a Surfacing of the site frontage footways to the Wicker and Blonk Street. b Reconstruction of the Riverside Walk. c Bus stop/shelter provision for one existing stand on the wicker.

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

6 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.

7 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.

8 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, 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. Where there has been a previously approved Framework Travel Plan for the proposed development, the detailed Travel Plan(s) shall be developed in accordance with it. The Travel Plan(s) shall include:

1. Clear and unambiguous objectives and modal split targets;

102 2. An implementation programme, with arrangements to review and report back on progress being achieved to the Local Planning Authority for written approval of actions consequently proposed, at intervals of one, three and five years from occupation;

3. Arrangements to carry out a user survey(s), the results of which shall 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.

9 No development (including demolition) 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 features are recorded or preserved in accordance with an agreed scheme.

10 No development shall take place until a detailed scheme for foundation design and all new groundworks has been approved in writing by the local planning authority and that scheme shall be implemented and monitored to the satisfaction of the Local Planning Authority.

To ensure that any archaeological features are recorded or preserved in accordance with an agreed scheme.

11 Before the development is commenced, ecological surveys as recommended in the Extended Phase 1 Habitat Survey dated 8 June 2005 produced by Andrew McCarthy Associates Ltd shall be carried out, unless otherwise agreed in writing by the Local Planning Authority.

In the interests of the amenities of the locality.

12 Before the development is commenced, measures for the removal and eradication of Japanese Knotweed adjacent the application site shall be submitted to and approved by the Local Planning Authority.

In the interests of the amenities of the locality.

13 An ecological/landscape management plan, including proposals for remedial planting within the riverbank following the removal of Japanese Knotweed and maintenance schedules for all landscaped areas, shall be submitted to

103 and approved in writing by the Local Planning Authority prior to the occupation of the development. The ecological/landscape management plan shall be carried out as approved.

In the interests of the amenities of the locality.

14 The landscaping scheme shown on the plans shall be carried out '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' but before such landscaping is carried out further details thereof shall have been submitted to and approved in writing by 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.

In the interests of the amenities of the locality.

15 Before the development is commenced, full details of the following 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 plans:

a. litter bins; b. dog bins; c. interpretation panel close to site entrance; d. tree grilles; and e. seating.

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

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

In the interest of satisfactory and sustainable drainage.

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

To ensure that the development can be properly drained.

18 Unless otherwise agreed 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.

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

19 Before work on site is commenced, details of a scheme of public art works forming part of the development shall have been submitted to and approved by the local planning authority, and the development shall not be used unless such public art works have been provided as approved and thereafter retained.

In order to enhance the built environment in compliance with Policy B12 of the Unitary Development Plan for Sheffield.

Attention is drawn to the following justifications:

IB6 - Locations for Business Development. IB3 - Development in Fringe Industry and Business Areas S3 - Development in Central Shopping Core

Attention is drawn to the following directives:

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

105 access crossing in question. For access approval and specification you should contact the Highway Co-ordination Group on Sheffield 2736136.

4. The applicant is advised that there will be a requirement to carry out highway improvement works to Willey Street as further stages of the wider development are brought forward.

106 Site Location

LOCATION AND PROPOSAL

The application site is located on the northern side of Blonk Street between the River Don to the east and the Wicker to the west. Largely occupied by a Council owned surface level car park, it forms part of a larger development area which would eventually cover the undeveloped land between Blonk Street and the Inner Relief Road.

To the east of the River Don, beyond the grade ll listed Blonk Bridge (c. 1827) is a petrol filling station, the 10 storey Bristol Hotel and a 4 storey car park.

107 On the south side of Blonk Street are a variety of single and two storey brick buildings which form part of Hancock and Lant’s showroom and offices. Planning permission was recently granted on this site for a mixed use development comprising of retail, office and parking uses on the ground floor, with apartments on the upper floors. The scheme will reach six storeys high along the Blonk Street frontage rising to eleven storeys at the eastern end of the site.

Properties on the Wicker, to the west, comprise of two and three storey brick buildings constructed in the nineteenth and early twentieth centuries.

Planning permission is sought for the erection of a five storey office building which falls to four storeys adjacent the Wicker in response to the scale of buildings in that locality. The building also incorporates an ‘active’ street level frontage unit adjacent the Wicker (in A1, A2, A3, A4 or B1 use).

PLANNING HISTORY

No relevant planning history.

SUMMARY OF REPRESENTATIONS

None received.

PLANNING ASSESSMENT

Policy Issues

The majority of the site lies within a Fringe Industry and Business Area as defined in the Unitary Development Plan (UDP) in which Policy IB6 of the UDP (Development in Fringe Industry and Business Areas) describes Business (use class B1) as a preferred use.

Policy IB3 (Locations for Business Development) of the UDP states that the City’s role as a regional office centre will be enhanced by promoting major development in the city centre.

The section of site fronting the Wicker is designated as part of the Central Shopping Area. Policy S3 (Development in the Central Shopping Area) describes shops (use class A1), offices used by the public (A2), food and drink outlets and

108 housing as the preferred uses in the shopping area and business (B1) as an acceptable use.

Highway Issues

The proposed development incorporates a car park for 31 vehicles, including 4 car parking spaces for people with disabilities, accessed from the Wicker via Willey Street. The Transport Assessment submitted in support of this application indicates a very modest increase in traffic flows that would not cause any major operational problems to the local road network.

Design Issues

Positioned at the back edge of the footway in order to re-establish the historic urban grain, the proposed development has been split into three distinct elements the primary five storey block which sits along Blonk Street, the four storey wing which faces onto the Wicker and responds to the streetscape in this area, and the three storey ‘pod’, which is raised two storeys above the ground and overlooks the River Don.

While the elevation overlooking the Wicker is largely faced in red brick to reflect adjoining properties, the remainder of the building is heavily glazed, with elements of rainscreen cladding, giving it a crisp, urban appearance amplified by its simple geometry. Excessive solar gain is controlled by the introduction of sculptural aluminium louvers to the Blonk Street and riverside frontages. The riverside ‘pod’ forms a sophisticated and sculptural landmark to the Riverside Quarter.

Archaeological Issues

The application site lies close to the medieval crossing of the river Don at Lady’s Bridge with the castle beyond, though it remained in use as fields until the mid 18th century. By 1808 the area was almost fully developed and a map of 1851 shows the Castle Iron and Steel Mills, with its fake turrets and crenellations, adjacent the river. Castle Mill was acquired by Samuel Osborne and Co in 1868 and became the Clyde Steel Works. A plan of 1896 shows that the site lies over the work’s grinding wheels.

Since the demolition of the works in the late 20th century the site has remained undeveloped. A series of trial trenches has found that the late 19th century archaeology is well preserved and that some late 18th century structures are also present. Further archaeological investigations are therefore reserved by condition.

Ecology

The River Don, which runs along the eastern site boundary, is an important green corridor which supports a variety of wildlife, including some protected species. A series of detailed surveys will be carried out as recommended in the Extended Phase 1 Habitat Survey dated 8 June 2005 in order to protect existing wildlife.

109 Large amounts of Japanese Knotweed were also recorded along the banks of the River Don. This species is highly invasive and has the capacity to grow through hard surfaces, including concrete, and so will be removed from the site. All other vegetation should be retained.

Landscape Issues

Landscaping within the application site largely involves good quality hard surfacing to the riverside walkway as well as the pedestrian/car park areas to the side and rear of the proposed office building. Paving below the ‘pod’ includes decorative blue blocks which will respond the arrangement of the exposed columns and represent ripples within a body of water. An avenue of trees will be planted along the building’s rear elevation to soften the environment.

SUMMARY AND RECOMMENDATION

The proposed office development will make an important contribution to the City’ s role as a regional office centre while the sophisticated and carefully considered architecture which will significantly enhance the character and appearance of the Riverside Quarter.

Members are therefore recommended to grant planning permission subject to the following conditions.

110 Case Number 05/01659/FUL

Application Type a Full Planning Application

Proposal Installation of telecommunications antenna and associated equipment on roof of building (Re- submission)

Location St James House, Vicar Lane, Sheffield, S1 2EX

Date Received 26/04/2005

Team CITY CENTRE AND EAST

Applicant/Agent CaraSpace Consulting

Recommendation Grant

Subject to:

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

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

Attention is drawn to the following justifications:

IB7 - Development in Business Areas IB9 - Conditions on Development in Industry and Business Areas BE14 - Telecommunications

111 Site Location

LOCATION AND PROPOSAL

The application site relates to the rooftop of St James House, a multi-storey flat- roofed building which is 39 metres in height at parapet level with frontages along Campo Lane and Vicar Lane.

The application site is located in a designated Business Area as defined in the adopted Sheffield Unitary Development Plan and the area comprises of predominantly office and commercial premises. There is a designated Housing Area located to the northwest of the application site. The application site is

112 surrounded by land allocated as part of the City Centre Conservation Area although the building itself does not fall within the Conservation Area.

The rooftop currently accommodates a number of telecommunications antenna systems, dishes and associated equipment visible from all four elevations.

A previous application was recently withdrawn by T-mobile as the site provider was unhappy with the submitted scheme. This comprised of the installation of 3 antennae on 3 new retractable support poles.

The current application seeks full planning consent to install 3 additional antennas for T-mobile bracketed off existing support poles, currently being used to support their 2G antennas, with the associated equipment housed within an existing equipment cabin.

RELEVANT PLANNING HISTORY

05/00563/FUL – Siting of 3 antennae on roof of building – Withdrawn

03/03881/TEL – Four pole mounted antenna, 300mm diameter transmission dish, equipment cabin and development ancillary thereto – Granted

96/02342/FUL – Siting of telecommunications equipment (Application for determination if approval is required for siting and appearance) – Granted

Other telecommunications development erected as Permitted Development.

Other planning history related to material changes to the building but unrelated to this telecommunications application

SUMMARY OF REPRESENTATIONS

There have been no letters of representation received regarding this application

PLANNING ASSESSMENT

Policy Issues

The application site is located within a designated Business Area as defined in the adopted Sheffield Unitary Development Plan.

Policy IB7 Development in Business Areas states that development proposals for uses not listed in the policy will be decided on their individual merits. Policy IB9

113 ‘Conditions on Development in Industry and Business Areas’ states that development will be permitted where it would not lead to a concentration of uses which would prejudice the dominance of preferred uses, where it would be well designed and of a scale and nature appropriate to the site and where it would comply with policies of the Built and Green environment as appropriate.

Policy BE14 ‘Telecommunications’ of the Sheffield UDP states that; ‘Telecommunications development should be sited and designed so as to minimise its visual impact, subject to technical and operational considerations and new equipment should share masts or be sited on existing structures where this is technically and economically possible. This principle is adhered to in this scheme through the utilisation of the existing structure.

“The Government’s policy is to facilitate the growth of new and existing telecommunications systems whilst keeping the environmental impact to a minimum. The Government also has a responsibility for protecting public health. The aim is to ensure that people have a choice of who provides their telecommunications service … and equitable access to the latest technologies.”

To ensure that choice and geographical spread are achieved the Government has set operators targets for coverage. In the case of 3G all five-licence holders have to build networks covering 80% of the population by 2007. Material considerations include the significance of the proposed development, as part of a national network, planning authorities must have regard to technical constraints on the location of the development and the obligations placed on the operators to provide a service. This site is required as part of the new T-mobile third generation network and will provide signal coverage to areas that would otherwise fall between cells as indicated in the coverage plots.

The Government encourages planning authorities to respond positively to telecommunications development but take account of other guidance note advice on the urban and rural environment.

Health Issues

Current guidance from the government PPG8 on telecommunications (August 2001) states,

‘Health considerations and public concern can in principal be material considerations in determining applications for planning permission and prior approval. Whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision-maker (usually the Local Planning Authority) to determine what weight to attach to such considerations in any particular case.

However, it is the Government’s firm view that the planning system is not the place for determining health safeguards. It remains Central Government’s responsibility

114 to decide what measures are necessary to protect public health. In the Government’s view, if a proposed mobile phone base station meets the ICNIRP guidelines for public exposure it should not be necessary for a local planning authority, in processing an application for planning permission or prior approval, to consider further the health aspects and concerns about them’

The health concerns of local residents, although material considerations, can attract little weight in the absence of any relevant information to weigh against that produced by the applicant. Since the application is accompanied by an ICNIRP Declaration, there is no compelling reason to warrant withholding of siting approval on grounds of perceived public health risk. This is in accordance with PPG8.

The submitted ICNIRP certificate is based on the cumulative value of the proposed and existing telecommunications installations.

Design & Amenity Issues

This rooftop currently accommodates a number of telecommunications installations which are generally located on the parapet wall on all four elevations, with a concentration on the eastern elevation (fronting Vicar Lane).

The proposed antennas are to be bracketed off the 3 existing poles which already house T-mobile dishes and/or antenna, one to be located near the corner on the east elevation (fronting Vicar Lane), one towards the corner on the north elevation (fronting Campo Lane) and also to the corner on the west elevation. The antennae would be approximately 1.4metres in length, which is 600mm shorter than the adjacent existing antennae but would be positioned at the same height above the building (approx 40metres above ground level).

There are already extensive telecommunications installations on this rooftop but it is considered that, as the proposal does not involve the erection of any further support poles, that there would not be a significant increase in prominence of the equipment.

St James House is a relatively tall building, and as such any roof top installations when viewed from the street level and surrounding properties are not considered to be visually prominent and will be seen in the context of the existing equipment and the existing and surrounding buildings. It is considered that the proposed roof top installation would not appear unduly prominent from long distance views or from the surrounding Conservation Area. Therefore it is considered that the proposed installation of 3 antennae would not detract from the existing appearance of the building or visual amenities of the locality.

The equipment cabinet would be located inside the existing T-mobile equipment cabin and therefore will not be visible in the street scene.

The proposed installation would utilise an existing site which is in accordance with Government advice which seeks to minimise the number of new sites required for telecommunications installations. This is also considered to be the favoured option avoiding the need for further telecommunications installations in nearby, potentially

115 more sensitive locations falling within the City Centre Conservation Area. Furthermore, the proposed design minimises any visual impact to the surrounding area

SUMMARY AND RECOMMENDATION

PPG 8 Telecommunications strongly encourages telecommunication developers to share existing masts and utilise existing buildings and structures, in order to minimise the numbers of installations whilst still providing efficient operation of the network. The proposal utilises an existing building and it is considered that the addition of further antennae does not detrimentally affect the visual amenities of the locality or appearance of the existing building to a sufficient degree to warrant the refusal of planning permission. In view of this, it is recommend that permission be granted.

116 Case Number 05/01741/FUL

Application Type a Full Planning Application

Proposal Erection of 134 one bedroom flats in a 6 storey building, with associated landscaping and provision of 3 disabled car parking spaces

Location Land And Buildings At Brocco Street, Marsden Lane And, Upper Allen Street, Sheffield

Date Received 28/04/2005

Team CITY CENTRE AND EAST

Applicant/Agent PCP Architects Ltd

Recommendation Grant conditionally subject to the completion of a Legal Agreement

Subject to:

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

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

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

In the interests of the visual amenities of the locality.

3 Before development is commenced full details of the following items shall have been submitted to and approved by the Local Planning Authority:- i) cross sections demonstrating a minimum depth of reveal to windows of 180mm; ii) hard landscaping to the external amenity space and to the area of Brocco Street to the north east of the scheme; iii) proposed railing details; iv) balconies; v) external finish to steelwork; vi) eaves details

In the interests of the visual amenities of the locality.

117 4 Before any work on site is commenced, a landscape scheme for the site shall have been submitted to and approved by the Local Planning Authority. The scheme shall be carried out 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.

In the interests of the amenities of the locality.

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

a) Be based on the findings and recommendations of the noise report by SG Garritt Ltd, dated 2nd September, 2004

b) Be capable of achieving the following noise levels: Bedrooms: LAeq 15 minutes - 35 dB (2300 to 0700 hours), Living Rooms: Laeq 15 minutes - 45 dB (0700 to 2300 hours),

c) Include a system of alternative acoustically treated ventilation, with ducting to all habitable rooms.

Before the scheme of sound attenuation and ventilation 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.

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.

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

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

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

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

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

9 No development shall take place, including demolition or alteration of buildings, until the applicant, their agent, or their successor in title has secured the implementation of a programme of archaeological work (including building recording) 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.

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

a) been carried out; or

Highway Improvements: a)Upper Allen Street, and Brocco Street - review of waiting restrictions including traffic regulation orders. b) Upper Allen Street, and Brocco Street - resurfacing and lighting of footways in accordance with Sheffield City Council's Urban Design Compendium

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

11 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 accommodation 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.

12 Notwithstanding the Travel Plan submitted within the Transport Assessment by Singleton Clamp dated August 2004, prior to the commencement of the development, a detailed Travel Plan shall have been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall include:

1. Clear & unambiguous objectives to influence a lifestyle less dependent upon the private car;

2. A package of measures to encourage and facilitate less car dependent living; and,

3. A time bound programme of implementation.

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 Surface water and foul drainage shall drain to separate systems.

To ensure satisfactory drainage arrangements.

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

To ensure satisfactory drainage arrangements.

Attention is drawn to the following justifications:

120 IB5 - Development in General Industry Areas IB9 - Conditions on Development in Industry and Business Areas H7 - Mobility Housing H16 - Open Space in New Housing Developments

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 Co-ordinator in that Department of Sheffield (0114) 2736136, quoting your planning permission reference number.

121 Site Location

LOCATION AND PROPOSAL

The application site is located at the junction of Upper Allen Street and Brocco Street, and is bounded by Marsden Lane to the south east. The site is currently occupied by a group of vacant buildings formerly in use as a printing works, back to back dwellings, and a vehicle body repair shop.

The area surrounding the site is predominantly industrial in character, with the adjacent Stephenson Blake type foundry having recently been the subject of a planning application for large scale residential development. This was approved by the City Centre and East Area Board, subject to a legal agreement, in October, 2004, and has recently commenced on site.

122 The proposal seeks Planning Permission for the erection of 134 one bedroom flats. The accommodation is proposed to be housed in a building of six storeys in height, which has been broken down into distinct elements, by the use of three main external materials. Red brick forms the most dominant material with timber cladding and zinc cladding also used extensively on the external face of the building. A significant element of glazing also features throughout the building, with vertically proportioned windows, glazed stair towers, and a large glazed corner to the building on the Brocco Street and Upper Allen Street corner of the site.

No car parking is proposed, other than the provision of disabled persons parking spaces. A small amenity area is proposed adjacent to Marsden Lane, at the rear of the site.

RELEVANT PLANNING HISTORY

Planning Permission was refused for a development of 134 flats with a ground floor commercial unit in February 2005. The scheme was refused on design grounds, with the main issues identified in the reasons for refusal being the height and massing of the development, its poor relationship to the topography of the are a, and its monotonous building form (ref 04/03589/FUL).

SUMMARY OF REPRESENTATIONS

No representations have been received following neighbour notification and the display of site notices.

PLANNING ASSESSMENT

Policy Issues

The site is identified by the Unitary Development Plan for Sheffield as being within a General Industry Area. Within such areas Policy IB5 identifies the preferred land uses as General Industry and Warehousing. The same Policy states that residential uses in such areas are unacceptable. The application therefore represents a Departure from the provisions of the Development Plan, and has been advertised as such.

Section 54A of the Town and Country Planning Act 1990, states that development proposals should be determined in line with the requirements of an adopted Development Plan unless there are material considerations that indicate otherwise.

123 The policy considerations are assessed in more detail below, however, although the application represents a Departure, as the scheme involves the construction of less than 150 dwellings, it will not be necessary, if minded to approve the application, for the proposals to be referred to the Secretary of State.

In considering the policy context for the site, it is relevant to take account of re cent policy work that has been undertaken. The Scotland Street – Shalesmoor Area Study, undertaken by Gillespies was recently endorsed by Cabinet, as a basis for public consultation on the St. Vincent’s Action Plan, approved by Cabinet in December 2004. The Action Plan provides a Planning Framework for the area and forms a material consideration in the determination of planning applications. The Action Plan identifies the site as forming part of a New Housing Area, and potential future Conservation Area. In this context the proposals relate well to the Action Plan for the area.

Planning Policy Guidance 3 – ‘Housing’ promotes the location of new housing developments on previously developed sites, and in sustainable locations where they are accessible by a choice of modes of transport and close to a range of facilities. The site is clearly previously developed, is well served by a range of public transport services, and is conveniently located for employment and services within the city centre. In this context the proposals is considered to reflect the aims of PPG3.

Policy IB9 of the UDP establishes conditions on development in Industry and Business areas, which include the need to avoid new developments leading to a concentration of uses that would prejudice the dominance of industry and business in the area or cause the loss of important sites, and the need to avoid unacceptable living conditions for residents.

The development of the site would not of itself lead to a concentration of uses that would prejudice the dominance of Industry and Business. There would remain a significant proportion of such uses within the policy area, with the non-preferred uses being located at the southern end of the area. The living conditions of future residents are considered in detail below.

Policy H7 encourages the provision of a proportion (25%) of mobility housing within a development, except where the physical characteristics of the site or buildings make it impractical.

Policy H16 requires an assessment of Open Space provision to be undertaken within the catchment area of the site, and where an area has insufficient space, requires a contribution form the developer towards the enhancement or provision of open space elsewhere.

Site Layout and Building Design

The building as proposed follows the back edge of footway on both Upper Allen Street and Brocco Street, reinforcing the historic street pattern of the area. Space is left between the edge of the scheme and the adjacent Stephenson Blake

124 building, with a distance of 9.5m between the two schemes, measured on the road frontage.

Key considerations are the relationship to existing buildings of character (Stephenson Blake in particular) and to the proposed buildings on the remainder of the Stephenson Blake site. In addition it is important to consider the guidance set out within the Urban Design Compendium, and the St Vincent’s Action Plan.

The Urban Design Compendium states that within the St Vincents Quarter, new developments should generally be up to a maximum of four storeys in height, in order for views to and from the Solly Street ridge to be retained and for developments to respect the tight street pattern. It also acknowledges that steep sites may give scope for more variation. In addition the Compendium advocates the location of taller buildings on hills rather than in valleys to accentuate rather than flatten out the topography.

The St Vincents Action Plan also requires buildings to reflect the existing topography, and stresses the importance of materials finishes, building alignment, proportions, scale and massing as design considerations for new developments. It further suggests that buildings on corner sites should ‘turn corners’, and may increase modestly at corner locations to emphasise importance and aid legibility.

The revised building design responds positively to the issues outlined in the previous refusal of permission. There is greater variety in the treatment of the elevations with the use of a limited palette of materials, breaking the mass of the building, by creating distinct vertical elements. Within the elevations there is now a greater variety in window formats. Whilst the dominant format is a vertically proportioned window, reflecting that employed on the adjacent Stephenson Blake building, and providing a strong rhythm to the building, the central bay adopts a more radical, random application of window shapes, set in zinc cladding running from the ground to the eaves of the building. Further variations in window forms occur on the Brocco Street and Upper Allen Street corner of the site where, within the timber cladding a large glazed corner covering first to fifth floor is located.

The materials proposed for the building are all of good quality (brick, timber cladding, zinc cladding, metal windows) and are considered appropriate for the site’s location within a potential future Conservation Area.

The building contains a significant degree of modelling, with strong recesses provided by full height glazed stair towers set back 1m from the front face of the building, along with other variations in the building line. The stair towers also punctuate the roofline, ensuring that they read as strong vertical elements.

The revised design responds much better to the topography than the previous refused scheme. The roof and cornice line is able to step down with the gradient of the street owing the breaks in the slab of the building. Following negotiations with the applicant it was however considered appropriate to increase the height of the

125 cornice line for the corner block as the original submission did not give sufficient presence on this corner. The revised design, with a distinct timber clad element and strong presence of glazing now achieves this and reflects the aims of the guidance set out in the Urban Design Compendium and St Vincents Action Plan.

The storey heights of the proposed building exceed those indicated within the Urban Design Compendium, at generally six storeys, however, the use of varied degrees of set back for the fifth and sixth storeys reduces the impact of the building when viewed from ground level and creates visual interest. The buildings will not appear excessively tall when viewed from the surrounding area. They will be read against the backdrop of buildings (including those yet to be constructed) rising up the side of the hill, when viewed from Netherthorpe Road/Meadow Street, and will not obscure views from the Solly Street ridge. Prominent views of St Vincents Church will remain. Therefore whilst the building exceeds the heights set out in the Urban Design Compendium its mass does not result in any adverse impact on longer distance views.

In terms of its relationship to the height of the adjacent buildings, the height of the building at its closest point to Stephenson Blake is equivalent to the eaves height of that building, which again is a significant improvement over the previous scheme. This will ensure that in views along Upper Allen Street, the building will sit comfortably adjacent to the form of the Stephenson Blake building.

Overall, it is considered that the revised design represents a significant improvement over the previously refused scheme and will result in a building that contributes positively to the appearance of the area. It is considered that the building broadly meets the aims of the relevant guidance, and is acceptable in terms of its impact upon visual amenity.

Archaeology

A desk based archaeological appraisal of the site was undertaken by ARCUS on behalf of the applicant, and submitted as supporting information with the previous application. This identified that the site was developed during the latter part of the eighteenth century, originally with housing and a timber yard. By the 1930’s the housing had been demolished and the site was taken over by a metal working company.

The report identified that there are three remaining historic buildings on the site. These consist of two terraced houses in the western corner of the site, and a mid 19th century works building in the east corner. However these have been much altered retain few internal features of interest. Other buildings on the site date from the 20th century. The report recommends that a watching brief be carried out during demolition of the buildings, and that further archaeological investigation is undertaken in respect of the 19th century dwellings indicated on historic maps. It is therefore recommended that the applicant should be required to carry out this work by a suitable condition.

126 Amenity of Future Residents

The proposal provides appropriate separation from windows serving the proposed development to those of the adjacent proposal with a distance of generally 19m between habitable room windows of both schemes. This is a good standard of separation for a city centre location, where typical suburban distances (21m) are often much reduced.

A reasonable proportion of the flats have small external balconies, though these are not considered large enough to provide useable external amenity space for the residents. A small number of units on the upper two floors will have substantial useable roof terraces. An external communal amenity area is proposed adjacent to Marsden Lane, on the southern side of the site. This is a relatively small area, measuring approximately 5m x 40m, considering the level of accommodation proposed. However, given the city centre location of the scheme this provision is not considered to be so poor to resist the proposal on this basis.

The scheme incorporates railings on the Upper Allen Street frontage which provides a degree of separation and security for residents whose windows are otherwise very close to the back edge of footway.

The appropriateness of the environment in noise terms is considered below.

Noise

The area surrounding the site contains a number of industrial properties, which have potential, along with traffic noise to cause disturbance to future residents. The applicant submitted a noise survey with the previous application which is still considered relevant and which demonstrates that background noise levels fall within Noise Exposure Category ‘C’ – as identified by PPG24 ‘Planning and Noise’ during both the day time and night time periods. Within such areas the PPG advises that Planning Permission should not normally be granted, but that where it is considered that there are benefits to the scheme such that permission should be given, appropriate attenuation measures should be put in place.

The guidance further explains that NEC’s should not be used for assessing the impact of industrial noise on proposed residential development, as the nature of this type of noise, and local circumstances may necessitate individual assessment.

The noise report, undertaken in August and September of 2004, identifies two particular noise sources, which may lead to complaints from residents if left unattended. These are an external fan at Ashton’s on Upper Allen Street, and a blower at Metals and Methods, which has been operating without a silencer. In addition to these items officers identified a dust abatement plant as a further noise source within the Stephenson Blake site. However, since that time the Ashton’s premises has now ceased operation and is vacant, and the building housing the dust abatement plant at Stevenson Blakes has been demolished. Metals and methods therefore remains the only relevant noise source.

127 There is a concern that complaints from residents about neighbouring industrial activity could generate Statutory Nuisance proceedings against the company, thereby causing additional expense or operating restrictions for the business. It is therefore considered appropriate for the blower at Metals and Methods to be attenuated at source.

It is therefore considered necessary for the applicant to enter into an agreement under section 106 of the Town and Country Planning Act, involving the owners of the identified noise source, to ensure that such noise source is satisfactorily attenuated prior to occupation of the proposed flats.

In addition, the applicant is proposing good quality glazing and ventilation to each residential unit, giving residents the choice of alternative means of ventilation. This approach is endorsed by Supplementary Planning Guidance contained within the City Centre Living Strategy (Guideline 9), which states that noise insulation schemes for residential development will normally be expected to incorporate an acoustically treated means of ventilation (as an alternative to opening windows).

In this context, it is considered that, whilst the site is subject to noise from traffic and industry, measures are in place to provide appropriate living conditions for residents, and to minimise the likelihood of complaints from residents constraining the activities of industrial operators.

Highways and Transportation

A Transportation Assessment, incorporating a Travel Plan was submitted with the previous application, and is still considered relevant for this application. This considered the site’s accessibility, and the travel implications of the development, including traffic generation.

The assessment reasonably concludes that there will not be any significant impact on the existing highway network from traffic generated by the development, but that pedestrian and cycle use will increase significantly above existing levels.

The site’s proximity to the city centre and to public transport services on Broad Lane, Bolsover Street, Scotland Street, Meadow Street, St. Phillips Road, and in particular Moorfields, in addition to the Supertram stop at Netherthorpe Road, is such that it is considered to be highly accessible by alternative forms of transport to the car.

A need has been identified for a review of the existing waiting restrictions on the surrounding highway network, and for enhancement of existing pedestrian routes back to the city centre. Whilst the waiting restrictions review can form part of a Grampian condition, the works to the pedestrian routes are part of a wider initiative whereby financial contributions are sought from developers. This will therefore need to form part of a Planning Obligation under section 106 of the Town and Country Planning Act 1990. In this case the contribution amounts to £7,772.

128 The scheme is virtually car-free, with only three disabled spaces provided. However, this approach is endorsed by Guideline 14 of the City Centre Living Strategy which states that ‘Residential developments that do not have car parking facilities as part of the scheme will be acceptable in the City Centre’. It further expects that such schemes should incorporate disabled persons parking, and cycle parking, which this proposal does.

Open Space Provision

The Open Space Assessment for the area surrounding the site has confirmed that there is an under provision of recreation space within the area to meet the needs of people living there. The applicant has agreed to make a contribution to the enhancement of open space within the vicinity of the site, in accordance with the requirements of Policy H16 of the UDP. The contribution, calculated in accordance with the City Centre Living Strategy, is £108, 540. This element would need to be secured by a Planning Obligation under section 106 of the Town and Country Planning Act 1990.

Benefits to Local Area

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 St Vincent’s Action Plan, including the extension of a successful Street Warden scheme, building on an established improvement grants scheme, and the general promotion of economic regeneration based on mixed use investment.

This proposal represents a further step towards achieving this, providing substantial new buildings, and an influx of a significant number of new residents, building upon those which exist and other redevelopment proposals recently granted permission nearby. It is a bold scheme, which will provide a positive enhancement of the area. Localised improvements associated with the development will enhance pedestrian safety, and the developer has indicated a willingness to provide a financial contribution towards the further development and enhancement of the warden scheme. This contribution will need to be secured by a Planning Obligation under section 106 of the Town and Country Planning Act.

Mobility Housing

The applicant has demonstrated that all flats within the scheme will be constructed in a manner that enables them to be readily adaptable to meet the needs of disabled persons. The individual flat layouts contain appropriate door widths, and non-load bearing internal walls, which can be relocated to give larger bathroom areas providing for a wheelchair turning facility.

The flats are not particularly large and the adaptation would reduce the remaining living area still further, however, the proposals are considered to comply with the spirit of the Mobility Housing Guidance.

129 SUMMARY AND RECOMMENDATION

In summary, the proposal represents a substantial residential development of previously developed land, in a location that is accessible to extensive public transport services and the services offered by its proximity to the city centre. In this respect it meets the aims of Planning Policy Guidance 3 ‘Housing’ as a sustainable location for new housing development.

The proposal does however also represent a Departure from the land use policy requirements of the UDP, being located in a General Industry Area, where Housing is an unacceptable use in the terms of Policy IB5. In addition the noise climate surrounding the site (NEC ‘C’) does not normally support the development of housing. However, the building’s glazing and ventilation systems will provide attenuation to the general noise levels, and subject to individual industrial noise sources being attenuated at source, removed or replaced, by agreement with the landowners it is considered that the surrounding noise climate will be acceptable.

The scheme offers significant benefits to the local area, and reflects the aims of specific area policy guidance (St Vincent’s Action Plan), which seeks to attract economic regeneration by mixed use development, lead in this location by housing development. The substantial influx of new housing will reflect confidence in the area to counter existing problems of crime and nuisance, and brings with it localised improvements to pedestrian routes enhancing the safety of the area for existing and new residents, along with a financial contribution to a street warden scheme.

The building design is considered to represent a significant improvement over the previously refused scheme, in that it is of appropriate mass and scale, relating well to neighbouring buildings, and contains significant visual interest and good quality materials. It complies broadly with the aims of relevant design guidance, and where it does not, in terms of building heights, it has been demonstrated that this does not have a detrimental effect upon key long distance views of the ridge line.

It is therefore recommended that Planning Permission should be granted subject to conditions, and to the applicant entering into a Planning Obligation under section 106 of the Town and Country Planning Act, 1990 securing the following:-

- the developer ensuring that future occupiers of residential accommodation on the site are made aware that should they choose to open windows to the accommodation, they could be subject to noise from traffic and businesses in the area surrounding the site, and that the scheme has been designed to minimise noise nuisance provided that the windows are kept closed, and

130 - the developer providing a financial contribution to the Council on or before the commencement of development, of £108, 540 to be used for enhancement of open space within one kilometre of the site, and

- the developer entering into an agreement with Metals and Methods, Well Meadow Steel Works, Well Meadow Street, Sheffield, to effect a scheme of sound attenuation works to the blower/extraction unit within their site, to the satisfaction of the Local Planning Authority, and

- the developer providing, on or before commencement of development, a financial contribution to the Council of £26,800 to be used towards the enhancement of the Netherthorpe Upperthorpe Community Alliance Street Safe Warden Scheme, allowing for the extension of the scheme to streets adjoining the development before first occupancy of the residential accommodation, and

- the developer providing, on or before the commencement of development, a financial contribution to the Council of £7,772 to be used towards the enhancement of footpath lighting on Solly Street, Garden Street and Hollis Croft.

131 Case Number 05/01793/FUL

Application Type a Full Planning Application

Proposal Alterations to building for use as an extension to existing nightclub

Location 14 Matilda Street, Sheffield, S1 4QD

Date Received 05/05/2005

Team CITY CENTRE AND EAST

Applicant/Agent Mr S Bailey

Recommendation Grant Conditionally

Subject to:

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

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

2 The ground floor of the building shall be used for the above-mentioned purpose only between 1800 hours and midnight and midnight and 0800 hours on any day.

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

3 3. No live music or amplified sound shall be played within the building unless a scheme of sound attenuation works has been installed and thereafter retained. Such scheme of works shall be based on the submitted noise report by S and D Garritt Ltd dated 11 May 2005 and should be capable of restricting noise breakout from the building to the street to levels not exceeding: (i) the background noise levels by more than 3 dBA when measured as a 15 minute LAeq, (ii) any octave band centre frequency by more than 3 dB when measured as a 15 minute linear Leq. Before such scheme of works is installed full details thereof shall first have been submitted to and approved by the Local Planning Authority.

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

132 4 Before the use of the building for the purposes hereby permitted is commenced, written confirmation shall be given to the Local Planning Authority that the approved scheme of sound attenuation works has been installed in the building in full.

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

5 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.

6 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.

7 No amplified sound shall be played within the building except through an in- house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Local Planning Authority.

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

8 No movement, sorting, or removal of waste bottles, materials or other articles, nor movement of skips, 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.

133 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 The fire exit doors shall only be used as an emergency exit and shall not at any other time be left standing open.

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

11 The building shall not be used for the purpose hereby permitted unless suitable apparatus for the arrestment and discharge of fumes or gases has been installed. Before such equipment is installed details thereof shall have been submitted to and approved by the Local Planning Authority. After installation such equipment shall be retained and operated for the purpose for which it was installed.

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

12 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 building 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.

13 The building shall not be used for the use hereby permitted until improvements to the highway listed below have either been: a. Carried out, or b. Details have been submitted to and approved by the LPA of arrangements which shall have been entered into that will secure that the following improvement works are carried out before the night club extension is brought into use: i) The footway to the south-east side of Earl Way from its junction with Matilda Street for a distance of 60m in a south-westerly direction to the south-western boundary of the service yard should be excavated and reconstructed in the secondary materials palette as specified in the Council's Urban Design Compendium (Part 3.3).

In the interests of pedestrian safety and convenience generally.

14 No doors or gates when open shall project over the adjoining footway.

134 In the interests of pedestrian safety and convenience generally.

Attention is drawn to the following justifications:

S3 - Development in the Central Shopping Core S10 - Conditions on Development in Shopping Areas BE7 - Design of Buildings Used by the Public

Attention is drawn to the following directives:

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

You should apply for a consent to:-

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

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

135 Site Location

LOCATION AND PROPOSAL

This is a 2 storey modern building with a pitched roof. Part of the ground floor is used as a night club, and the remainder is a shop. The first floor is in office use with access from the Eyre Street/Matilda Street corner and Earl Way.

The proposal is to convert the remainder of the ground floor to form an extension to the existing night club.

136 HISTORY

Permission for the use of the ground floor of No 16 Matilda Street was first granted in 1994. In 1995 the use of the first floor of No’s 14-16 as an extension to the nightclub was granted permission, but does not appear to have been implemented. Later that year a bottle and bin store was granted at the rear of No’s 14-16.

In 1997 the use of the ground floor of No 14 for Food and Drink use was granted permission, but may not have been implemented.

REPRESENTATIONS

Two objections received and one petition with 44 signatures: (1) Contrary to City Centre Living Strategy, (2) Contrary to Moor Development Framework, (3) Will restrict future residential use, (4) Will decrease the stock of shop units in The Moor area, (5) Risk of damage to nearby property late at night, (6) Broken bottles and vomit on pavement, which has to be cleared by neighbouring business operators, (7) Noise pollution, (8) Breach of the peace and street violence.

ASSESSMENT

Policy

The site lies within the Central Shopping Area in the Unitary Development Plan and Policy S3 gives no guidance about night clubs. For UDP purposes the proposal is thus to be assessed on its merits. Policy S10 requires that no residents shall suffer from unacceptable living condition including noise, nuisance or other risk to health and safety.

The adopted City Centre Living Strategy (Plan 1) shows the site to be in an area where night time leisure uses will be preferred, and Guideline 11 states that night clubs will normally be acceptable in The Moor area provided that there would be no serious affect upon existing residents. Guideline 8 requires sound attenuation measures to deal with noise breakout. Guideline 1 states that housing would be acceptable on upper floors only in The Moor area, subject to acceptable living conditions for the residents.

The Moor Development Framework has been endorsed by Area Board on 15 November 2004. It does not represent land use planning policy, but is a statement of intent by the owners of The Moor, subject to planning permission. It indicates a widening of Matilda Street on this site to form a small square with restaurants and bars at street level, mixed use behind, and residential on the uppers floors.

In Paragraph 2.11 it states that The Moor area should be “subject to the same criteria as other parts of the city within the City Centre Living Strategy (in particular noting Guidelines 1, 8 and 9). This would require all developments – be they noise generating or susceptible to existing noise – to be tested through the planning

137 process and to be either refused or approved with conditions if a noise problem were discovered to be likely.”

Policy BE7 requires equal access for people with disabilities to buildings to be used by the public.

Land Use

There is no objection to the use as a night club, as there are no local residents to be affected.

Noise

No 16 Matilda Street did until recently create a good deal of noise breakout, but this has been resolved by a satisfactory sound attenuation scheme. The Noise Report is satisfactory. A package of noise conditions is recommended to safeguard the amenity of any future residential occupiers.

Hours of Use

The existing night club has permission to open from 1800 to 0800 hours. There is no reason to restrict this further in view of the absence of nearby residential flats and the suitability of this part of The Moor area for night clubs.

Access for People with Disabilities

There is an existing level threshold that is being retained. Any internal issues will be covered at the licensing stage.

Highways

The existing footway to Earl Way bordering the site is made up in asphalt and concrete kerb, but is uneven and requires attention to bring it up to a satisfactory standard. This should be done by resurfacing in Sheffield Slab, as recommended in the Urban Design Compendium. The entrance to the rear yard from Earl Way needs new kerbs to define it satisfactorily, and make it safe for pedestrians. These improvements are covered by condition.

The footway to Matilda Street has recently been re-laid in Heart of the City palette as part of the Eyre Street works.

RESPONSE TO REPRESENTATIONS

(1) This is incorrect. The proposal complies with the City Centre Living Strategy, (2) The proposal is not contrary to The Moor Development Framework, (3) residential use should be regulated in this area to take account of existing night

138 clubs. These have some priority in the City Centre Living Strategy, (4) This is marginal shopping, and the loss of this backland unit is not considered serious, pending development proposals under The Moor Development Framework, (5), (6) and (8) Two other night clubs nearby known for public order problems have since closed; (7) See report above.

CONCLUSION AND RECOMMENDATION

The proposal complies with current planning policies, and is considered acceptable in this location. It is therefore recommended that planning permission is granted subject to the conditions outlined.

139 Case Number 05/01975/CHU

Application Type a Planning Application for Change of Use

Proposal Use of building as cafe (Use Class A3)

Location 122 Birley Spa Lane, Sheffield, S12 4EJ

Date Received 02/06/2005

Team CITY CENTRE AND EAST

Applicant/Agent J Cook

Recommendation Grant Conditionally

Subject to:

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

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

2 The ground floor shall be used for the above mentioned purpose only between 0700 hours and1630 hours Mondays to Saturdays and shall not be used on Sundays and Bank holidays.

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

3 Before the development is commenced, details of the following shall be submitted to and approved in writing by the Local Planning Authority:-

a) The fume extraction system and maintenance regime thereof and b) Sound attenuation between the cafe and the first floor flat

and the cafe shall not be used unless such approved details have been implemented and thereafter retained.

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

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

140 Unitary Development Plan set out below, and to all relevant material considerations, including Supplementary Planning Guidance.

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

Attention is drawn to the following directives:

1. The applicant is advised that the approved use is restricted to Class A3 (restaurant and cafe). Any change to the nature of the operations i.e. hot food takeaway (use class A5) would require planning approval. It is unlikely that any such submission could be viewed favourably owing to problems that may arise from loss of amenity to the occupiers of the flat above the site.

141 Site Location

LOCATION AND PROPOSAL

142 The site consists of a shop unit within a shopping parade fronting Birley Spa Lane. There are a variety of uses including 3 hot food take-away shops, 4 vacant including the application site, out of a total of 18 units.

Above the shops are flats, two storey to front, single storey to rear, the rear elevation also includes a verandah. Due to changes in level the rear ground floor level of the shops is set below Four Wells Drive and access to the verandahs is level from this highway. Existing hot food take-away shops have a variety of flue systems, two of which break through the roof on existing buildings, the third attached to the side elevation of the first floor flat.

It is proposed to change the use of the disused shop to a café providing hot food including sandwiches during daytime hours. Cooking is on a domestic four-ring cooker with an internal fume extraction system. Hours of operation proposed are 6.30am to 4.30pm Monday-Saturday.

RELEVANT SITE HISTORY

Planning permission was granted for the use of 106 Birley Spa Lane for a hot food take-away shop (ref: 04/04850/CHU) by the Area Board of 16 May 2005.

SUMMARY OF REPRESENTATIONS

One letter of objection has been received. Issues raised –

- another café exists on Main Street - there are already enough hot food outlets

Other issues refer to loss of trade and competition and restrictions in the lease of the property which are not planning matters.

PLANNING ASSESSMENT

Policy Issues

The proposal falls within a Local Shopping Policy Area. Policy S7 of the Unitary Development Plan states that food and drink outlets are acceptable in principle subject to non-shopping uses complementing and Policy S10 to it undermining the central shopping role. It must be borne in mind that since the Unitary Development Plan was adopted the use class for food and drink (A3) has now been split into A3 – restaurants and café; A4 – drinking establishments; and A5 – hot food take-ways.

This split give the Local Planning Authority more control over the type of food and drink use. In this case the proposal is for a café (Use Class A3).

143 In terms of the number of non-shop uses, the proposal would not represent a predominance of non-shop uses. It should also be borne in mind that there are also some empty units and a day time café use will compliment the range of services on offer.

Design Issues

No changes to the shop front or external flue have been proposed.

Amenity Issues

The proposed use i.e. cafe, is different from a solely hot food take-away use and hours of operation proposed do not include evening opening. Thus the nature of the operation is different from the recent approval for a hot food take-away shop at No. 106 Birley Spa Lane.

Cooking facilities are minimal, i.e. a four-ring domestic cooker and fume suppression will be internal, details to be conditioned.

Amenities of occupiers of the flat above and adjacent flats must be taken into consideration. Normally with hot food take-away shops there is a requirement that the flat should be occupied by the operator or staff of the shop. In this case, the flat is let separately but as the operation will be daytime only, late night noise arising from the operation will not be a problem. To prevent adverse daytime noise details of sound insulation between the proposed café and the flat will be conditioned and fume extraction details will include a maintenance regime to ensure effective operation of that system. In order to further protect occupiers’ amenity the applicant has agreed to opening hours of 7.00am to 4.30pm Monday to Saturday. It should also be taken into account that a newsagent close to the site within the parade also has early opening hours.

Overall the issues arising from this proposal are different from a hot food take- away use i.e.- the scale of cooking operation, size of fume extraction system, daytime hours of operation and meeting a separate need from the evening openings of the hot food take-away shops. The applicant has also added that the sale of sandwiches replaces the service lost by the closure of a bakery in the parade.

As there are several litter bins in the vicinity and a proportion of eating takes place on site, it is not considered reasonable to condition an extra bin.

Taking the above into account and subject to conditions it is not considered that the proposal will adversely affect amenities of local residents.

Highways Issues

144 The proposal is located on a service road separate from the main highway which, on the section adjacent to the shopping parade, is separated by a grass verge and thus there is adequate opportunity for parking without causing a traffic hazard.

CONCLUSION AND RECOMMENDATION

The proposed use is separate from a hot food take-away use and will be daytime opening only without an external flue. Thus with an adequate internal fume extraction system it is not considered to adversely affect the amenities of adjoining occupiers including a separate flat above the site.

In terms of viability of the shopping parade this proposal will not result in a predominance of non-shopping uses and it must be also considered that there are some vacant units.

Thus the proposal concurs with Unitary Development Plan Policies S7 and S10 and it is therefore recommended that the Area Board approve the application.

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